Lawsuit: Former student sues Duke after sexual assault by faculty advisor, expulsion

A former Duke student is suing the university, claiming the school kicked him out as retaliation after he claimed that he was sexually assaulted by a faculty member.

The lawsuit claims the student, referred to as "John Doe" in the lawsuit, reported the attack to faculty members at Duke, including Duke University President Vincent Price, and filed a formal report with campus police.

The lawsuit says Duke University created a retaliatory work environment after the student reported the sexual assault and claims the university delayed its investigation due to the victim's gender.

The victim was admitted to the five-year Ph.D. program in Business Administration at Duke's Fuqua School of Business in April of 2020, and he was hired as a graduate student research assistant.

During the 2020-21 academic school year, the lawsuit says a professor volunteered to be one of Doe's advisors. This professor began to exhibit behaviors and signs of sexual "grooming," according to the lawsuit.

In June 2021, Doe attended a dinner party with his advisor and other graduate students, according to the lawsuit. After the dinner, Doe's advisor asked to drive him home.

"Professor X forcibly initiated unwanted sexual contact with Doe and committed multiple acts of touching and digital penetration," the lawsuit says.

Shortly after the assault, the lawsuit says Doe received medical treatment and was evaluated by a sexual assault nurse examiner.

The lawsuit says Doe terminated his research assistant assignment with the professor in July 2021. During the summer of 2021, the lawsuit says he disclosed the assault and the professor's identity to Duke faculty officials, including Fuqua Dean Bill Boulding. Doe also submitted a written report of the incident to Price, according to the lawsuit.

For two years, from 2021 to 2023, Duke ignored Doe and failed to investigate the sexual assault, according to the lawsuit.

"What should have been a 60-day investigation became a 2-year ordeal," Doe's lawyers said.

On July 29, Duke University determined that there was insufficient evidence to conclude that a Title IX violation occurred. The lawsuit claims the Title IX hearing was flawed, based on testimony that was and was not allowed.

On Aug. 1, Doe was officially terminated from the Ph.D. program, and his employment as a research assistant ended.

The lawsuit says the psychological trauma Doe endured “unraveled his academic career, his professional future, and his mental and physical health.”

"He was subjected to ongoing retaliatory conduct that included persistent pressure by Duke administrators to resume work obligations despite a medical diagnosis that he required significant readjustment and accommodation," the lawsuit says.

He is claiming the school discriminated against him and ignored his report due to gender bias.

The lawsuit details a meeting Doe had with Captain Greg Stotsenberg, of Duke PD’s Investigations Unit, who allegedly told the accuser that male-on-male sexual assault isn’t common "or even really a thing."

Stotsenberg was skeptical and questioned Doe about his own conduct toward his advisor, according to the lawsuit.

The lawsuit says the university failed to investigate Doe's reported sexual assault in a timely manner and, therefore, failed to eliminate the threat of another student being assaulted by the same faculty advisor. Doe is alleging that this delays was partly due to gender discrimination

The lawsuit details a meeting Doe had with Captain Greg Stotsenberg, of Duke PD’s Investigations Unit, who allegedly told the accuser that male-on-male sexual assault isn’t common "or even really a thing."

The lawsuit claims that Duke University prioritizes Title IX claims by women against men, which is why the university delayed its investigation.

Doe is filing the lawsuit under Title XII of the Civil Rights Act of 1964, Title IX and the Rehabilitation Act of 1973.