University of the Sciences expelled a student after the school determined that he violated the code of conduct by engaging in two sexual assaults. The student was unsuccessful in appealing that ruling within the school’s administrative process, so he filed suit in federal court. The district court granted the school’s 12(b)(6) motion. The 3rd Circuit reversed and remanded. The Court adopted the 7th Circuit’s framework set forth in Doe v. Purdue University, 928 F.3d 652 (7th Cir. 2019), in which the fundamental question is whether the alleged facts, if true, raise a plausible inference that the university discriminated against the student on the basis of sex. Given this framework, the 3rd Circuit held that the student raised issues of fact.
