‘John Doe 2 v. North Carolina State University’ to move forward after successful appeal
Following a successful appeal, the “John Doe” at the center of a lawsuit against North Carolina State University will see his Title IX case concerning sexual abuse of male student athletes at North Carolina State University move forward.
The sex discrimination lawsuit — John Doe 2 v. North Carolina State University — is one of three federal lawsuits filed against NCSU in 2022 and 2023 involving abuse by Robert Murphy Jr., the school’s former sports medicine director.
In 2016, a coach reported to the university’s senior associate athletic director that Murphy was engaging in “sexual grooming” of male student-athletes. “Grooming” is behavior designed to prime victims for sexual abuse. The university adjusted Murphy’s responsibilities. It did not, however, take meaningful action to stop him from abusing further student-athletes. One of Murphy’s later victims was “John Doe 2,” a student who was twice sexually abused by the trainer in 2021.
Mr. Doe sued the university under Title IX of the Education Amendments of 1972 for failing to stop Murphy’s pattern of abuse. The district court dismissed the case, reasoning that the University did not have “actual notice” of sexual harassment. Public Justice joined the case, along with All Rise & Appellate, to assist with an appeal to the U.S. Court of Appeals for the Fourth Circuit.
The Fourth Circuit just reversed its decision today, writing:
Drawing all reasonable inferences in Doe’s favor, “a reasonable official would construe” [the coach’s] report of “sexual grooming” as alleging sexual harassment. That’s because [the coach’s] report specified wrongful conduct that was sex-based, current, and committed by an employee with authority over student athletes.
In ruling for Mr. Doe, the Fourth Circuit relied heavily on an opinion in another recent Public Justice appeal, Doe v. Fairfax County School Board, which also concerned the meaning of Title IX’s “actual notice” standard.
Alexandra Brodsky, senior attorney at Public Justice, said, “We are thrilled for John Doe that he will have the opportunity to pursue his case. Every student, every parent, and every educator knows that if a school receives a report that an employee is ‘sexually grooming’ students, the school has to act: it has to investigate and protect past and potential future victims. In today’s commonsense, precedential ruling, the Fourth Circuit agreed, opening the courthouse doors for John and other victims of sexual abuse.”
Jim Davy, founder of All Rise & Appellate, said, “We are gratified that the Court recognized and confirmed that schools cannot ignore reports that put them on notice of an ongoing risk to students, and hope this precedent helps protect other students going forward.”
Kerstin W. Sutton of Kerstin Walker Sutton PLLC, Mr. Doe’s trial counsel, said, “The Court has allowed Mr. Doe’s complaint of sexual abuse in the athletics department at NCSU to move forward. Mr. Doe, Benjamin Locke, and other former athletes with similar complaints are one step closer to finding the justice they deserve.”
