DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
183258P.pdf 11/05/2020 Thomas Rossley, Jr. v. Drake University
U.S. Court of Appeals Case No: 18-3258
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Wollman, Author, with Colloton and Benton, Circuit Judges]
Civil case - Title IX. There was no genuine dispute of material fact as to
whether Rossley's being a male was a motivating factor in defendant's
decision to expel him; the defendant's Code of Student Conduct and Policy
on Sexual and Interpersonal Misconduct processes were not reflective of
gender bias, either in statement or application; the hearing panel's
decision that Rossley has sexually assaulted the complainant was not
contrary to the weight of the evidence and was not tainted by gender bias;
the defendant school was not under the kind of pressure to adjudicate
Title IX complaints in favor of female victims the court has found
improper in prior cases, nor was there evidence of clearly irregular
investigative and adjudicative processes found to support a prima facie
case of sex discrimination in the court's prior cases; argument that
Rossly gave constructive notice of his need for accommodations under the
ADA rejected; the district court did not err in granting summary judgment
on Rossley's claims for breach of implied duty of good faith and
promissory estoppel.