Noakes v. Case W. Reserve Univ.

MEMORANDUM OF OPINION AND ORDER

PAMELA A. BARKER U.S. DISTRICT JUDGE

Currently pending is Plaintiff John Noakes'^[1] Emergency Motion for Temporary Restraining Order. (Doc. No. 10.) Defendants Case Western Reserve University and Case Western Reserve University School of Medicine filed a Brief in Opposition on September 24, 2021.^[2] (Doc. No. 15.) For the following reasons, Plaintiff's Motion is DENIED.

I. Factual Allegations^[3]

Plaintiff John Noakes (“Plaintiff” or “Noakes”) is a medical student at Defendant Case Western Reserve University (“CWRU”) School of Medicine. (Doc. No. 1 at ¶ 5.) Defendants CWRU

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and CWRU School of Medicine are private educational institutions that participate in federal spending programs. (Id. at ¶ 6.)

Beginning in August/September 2020, Noakes began dating fellow student, Jane Roe (“Roe”). (Id. at ¶ 47.) Noakes alleges they broke up shortly thereafter, on October 22, 2020 but that Roe quickly changed her mind and, on October 23, 2020, asked Noakes to restart the relationship. (Id. at ¶¶ 49-50.) After having an argument on October 26, 2020, Noakes suggested to Roe that they needed to “take a break.” (Id. at ¶ 53.) Roe then threatened to report Noakes to the Title IX Office for allegedly sexually assaulting her on October 20, 2020. (Id.) According to Noakes, he asked Roe to stop contacting him but she continued to threaten to report him to the Title IX Office. (Id. at ¶ 54, 55.)

On November 7, 2020, Noakes reported to CWRU's Office of Equity that he was being threatened and harassed by Roe. (Id. at ¶ 56.) Several hours later, Dr. Steven Ricanati (CWRU's Associate Dean for Student Affairs for the School of Medicine) reported to the Office of Equity that Roe had reported she had been sexually assaulted by Noakes on October 20, 2020. (Id. at ¶ 56-57.)

On January 7, 2021, Roe signed a formal complaint against Noakes for sexual assault. (Id. at ¶ 60.) An investigation was subsequently conducted by the Office of Equity, which included an interview of Noakes by Title IX investigators on January 19, 2021.^[4] (Id. at ¶¶ 62-63.) During the pendency of the investigation, Noakes informed the investigators that he was being harassed and

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retaliated against and requested interim supportive measures. (Id. at ¶ 64-65.) Noakes alleges that the Office of Equity failed to take any action. (Id. at ¶ 65.)

On March 19, 2021, Noakes was provided with a “Final Investigation Report.” (Id. at ¶ 66.) A hearing was subsequently conducted by CWRU on April 8, 2021, at which Noakes, Roe, and five witnesses were present. (Id. at ¶ 67.) On April 15, 2021, Noakes received a letter informing him that the panel found that he was “not responsible” for violating the Title IX Policy. (Id. at ¶ 68.) Roe appealed the decision. (Id. at ¶ 70.) The Appeal Panel subsequently denied the appeal. (Id.)

Meanwhile, immediately after learning of the results of the hearing on April 15, 2021, Noakes posted the following on a GroupMe chat used by the School of Medicine: “All glory and honor to the Most High, who is my refuge and fortress. That's all, thanks.” (Id. at ¶ 71.) Noakes also changed his handle to “[John Noakes] (1-0).” (Id.) Over thirty (30) students submitted complaints to the School of Medicine regarding Noakes' post. (Id.) On the same evening of his GroupMe post, Noakes received an email from Senior Vice President for Equity Darnell Parker requesting an “urgent conversation.” (Id. at ¶ 72.) Noakes claims that, during a Zoom call that night, Dr. Parker “sought to intimidate” him and told him to “watch himself.” (Id.)

Noakes claims that, following the panel decision, he continued to be the subject of harassment from other students.^[5] (Id. at ¶ 73.) Noakes claims that he reported this harassment to the School of Medicine but Dr. Ricanati refused to take disciplinary action against the students involved. (Id.) Rather, on April 19, 2021, Dr Ricanati called Noakes, “interrogated” him about the GroupMe post,

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and threatened him with institutional discipline. (Id. at ¶ 75.) On that same date, Noakes submitted a retaliation complaint against Dr. Ricanati and Dr. Parker with the Office of Equity. (Id. at ¶ 78.) CWRU retained outside counsel to conduct an investigation. (Id.)

Meanwhile, Noakes was informed that the complaints regarding the GroupMe post would be referred to the School of Medicine's Committee on Students (“COS”)^[6] for disciplinary action, including possible dismissal. (Id. at ¶ 81.) Noakes repeatedly objected that the COS process was retaliatory and requested that it be stayed, as an interim measure, while his retaliation complaints were investigated. (Id. at ¶ 82, 83.) He claims that “[n]o actions were taken.” (Id.)

On May 6, 2021, Noakes met with Dr. Marjorie Greenfield, a Professor at the School of Medicine and a “subordinate” of Dr. Ricanati. (Id. at ¶¶ 79, 83.) During this meeting, Dr. Greenfield informed Noakes that the School of Medicine would be conducting a review of his Title IX decision to determine if any additional disciplinary sanctions need to be issued. (Id.) Dr. Greenfield allegedly accused Noakes of not having “empathy” regarding his dispute with Jane Roe and his GroupMe post and advised him that, if he could show empathy for other people, then the COS “will not kick you out of school.” (Id.) Noakes appeared before the COS on May 13, 2021. (Id. at ¶ 84.) He was ordered to undergo “empathy coaching” and provide a letter from a behavioral therapist stating that he is receiving therapy. (Id.) Noakes alleges that, in the months that followed, Dr. Greenfield “attempted to coerce and pressure” him to take the next year off “in order to accommodate the desires of Jane Roe.” (Id. at ¶ 85.) The COS conducted another hearing on August 19, 2021, at which time

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it determined that Noakes should continue with “coaching for the remediation of professional lapses and present a new reflection at the November COS meeting.” (Id. at ¶ 86.)

Noakes claims that, when school started in early August 2021, Roe and her friends “engaged in a pattern of harassing and intimidating behavior” towards him. (Id. at ¶ 90.) On August 25, 2021, CWRU's new Title IX Director, Rachel Lutner, ^[7] sent Noakes a letter, informing him that CWRU was imposing a new “No Contact Directive” at the request of Jane Roe. (Id. at ¶ 88.) Noakes claims that this Directive “imposed onerous and punitive restrictions” on him and interfered with his ability to participate fully in his education. (Id.) Specifically, he alleges that his movement was restricted to the southwest sections of the medical school campus and all classrooms, and he was “barred from posting on social media about his Title IX case.” (Id.) Similar restrictions were also placed on Roe. (Id.)

In late August 2021, Noakes reported two alleged violations of the No. Contact Directive by Roe. (Id. at ¶ 89.) Ms. Lutner informed Noakes that CWRU would not be taking any action regarding any of the actions that he reported and, further, that Roe had made similar allegations that Noakes had violated the No. Contact Directive. (Id.) Although Noakes requested details of Roe's allegations, Ms. Lutner allegedly refused to provide them. (Id.)

On August 31, 2021, Noakes emailed Ms. Lutner about continuing harassment from Roe and retaliation from others. (Id. at ¶ 92.) Noakes indicated that he wanted CWRU to investigate (1) his initial complaint against Jane Roe; (2) the pattern of harassment and intimidation by Jane Roe; and (3) retaliation against him as a result of his participating in the Title IX process. (Id.) The following

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day, Dr. Greenfield met with Noakes and allegedly warned him “that bad things could happen to [him] if he pursues his Title IX complaint against Jane Roe.” (Id. at ¶ 93.) She suggested that he take a year off. (Id.) On September 3, 2021, Noakes and his advisor spoke with Ms. Lutner and indicated his desire to move forward with his Title IX complaint. (Id. at ¶ 94.)

Shortly thereafter, on September 7, 2021, Roe complained to Ms. Lutner about a Tumblr website^[8] that contained content that she believed was in retaliation for her prior Title IX complaint against Noakes. (Doc. No. 16-1 at ¶ 7.) Ms. Lutner reviewed the Tumblr posts and met with Roe to obtain information as to why she believed Noakes was involved. (Id.)

On that same date, Noakes was contacted by Dr. Greenfield about the Tumblr website. (Doc. No. 1 at ¶ 96.) Noakes advised Dr. Greenfield that he had “no specific knowledge of any Tumblr post (other than a brief and nondescript mention by another medical student).” (Id.) According to Noakes, Dr. Greenfield advised him that it was his responsibility to de-escalate the situation and threatened that he could get in trouble for the Tumblr post, even if it was done without his knowledge. (Id.) Dr. Greenfield also allegedly again tried to convince Noakes not to pursue his Title IX complaint against Roe and, instead, to take a year off of medical school. (Id.)

Noakes alleges that, on September 10, 2021, Ms. Lutner sent him an email in which she indicated that the Tumblr website was authored by a “person who described him/herself as very close to you.” (Id. at ¶ 98.) Ms. Lutner allegedly stated that John Noakes must “investigate who might be responsible for these Tumblr posts and ask them to stop.” (Id.) Noakes responded as follows: “I have no knowledge of who is making the Tumblr posts and have not directed anyone to make such

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posts. I am under no obligation to investigate the conduct of other people. Nor can I be held responsible for the conduct of others.” (Id.)

Later that day, Ms. Lutner informed Roe that there was insufficient information to connect Noakes to the Tumblr posts and that CWRU...