XPost: alt.education, alt.society.liberalism, sac.politics   
   XPost: talk.politics.guns   
   From: diversity-liberal-style@splcenter.org   
      
   CATEGORY: Private Education Matters   
   CLIENT TYPE: Private Education   
   DATE: Apr 28, 2023   
      
   On Saturday, October 15, 2016, Dhameer Bradley, Malik St. Hilaire, and   
   Nikki Yovino, all students at Sacred Heart University, attended an off-   
   campus party in Bridgeport, Connecticut. During the party, Bradley and St.   
   Hilaire engaged in sexual intercourse with Yovino in a bathroom. After   
   leaving the bathroom, Yovino told her friends who were with her at the   
   party that Bradley and St. Hilaire had sexually assaulted her. The next   
   morning, Yovino went to the hospital and reported the sexual assault to   
   the hospital staff. The hospital staff performed a sexual assault   
   examination and contacted the police. At the hospital, Yovino gave a   
   statement to the police officer alleging that she was sexually assaulted   
   by Bradley and St. Hilaire.   
      
   On Monday, the police contacted the University’s dean of students about   
   the allegations and told the dean of students that an investigation was   
   underway. The next day, Bradley was suspended from the university on the   
   basis of the allegations of sexual assault that had been made to the   
   police department. The suspension barred Bradley from participating in any   
   university classes or sponsored events, and from playing on the football   
   team. On the advice of counsel, Bradley withdrew from the University a few   
   weeks later, which caused him to lose his football scholarship. Yovino   
   later recanted her allegations and pleaded guilty to charges of falsely   
   reporting an incident in the second degree and interfering with an   
   officer, both in violation of Connecticut laws. Despite her guilty pleas,   
   Yovino continues to maintain the sexual conduct was not consensual,   
   however, that issue was not before this court.   
      
   The University later reinstated Bradley as a student, and he returned to   
   complete his studies, graduating in December 2018. His scholarship to play   
   football, however, was not restored.   
      
   Bradley and St. Hilaire sued Yovino and the University. The only claim   
   against the University was for breach of contract. Bradley argued that the   
   student handbook obligated the University and its officials to treat   
   Bradley with “respect, dignity, and compassion,” and mandated that “a   
   presumption of guilt should not be made as a result of any allegations.”   
   The handbook, Bradley argued, created a contract between the University   
   and its students, and the University breached that contract when it   
   suspended Bradley on the basis of an uncorroborated accusation of sexual   
   assault by a fellow student, and without any prior investigation by the   
   University into the allegation. Bradley requested monetary damages to   
   compensate for the loss of football scholarship and academic credits lost   
   due to his withdrawal.   
      
   The trial court granted the University’s motion for summary judgment,   
   finding that although the student handbook created an enforceable contract   
   between the University and its students, the handbook also authorized the   
   University’s immediate suspension of students facing allegations of   
   serious criminal activity without further investigation. Bradley appealed.   
      
   The Court of Appeals agreed with the trial court and found that there was   
   no dispute that the student handbook formed an enforceable contract   
   between Bradley and the University. The handbook authorized the dean of   
   students to suspend a student immediately if the dean of students deemed   
   it necessary to preserve the benefit and welfare of the University’s   
   community. The handbook also authorized the dean of students to suspend a   
   student facing allegations of serious criminal activity. The language in   
   the handbook gave the dean of students discretion as necessary to serve   
   the welfare and safety of the University’s community. Based on the   
   information the dean of students received from the police officer, he   
   imposed an immediate suspension on Bradley pending an investigation in   
   order to provide safety to the University community’s welfare. The   
   handbook did not require the University to investigate allegations of   
   serious criminal activity before suspending a student. The Court of   
   Appeals affirmed the trial court’s ruling and granted the motion for   
   summary judgment, dismissing the case.   
      
   Bradley v. Yovino (Conn. App. Ct. 2023) 218 Conn.App. 1.   
      
   Note: This case acts as an important reminder that a school’s handbook   
   creates a binding contract between schools and students, and schools   
   should follow the processes in their handbook when there is an allegation   
   of sexual assault.   
      
   https://www.lcwlegal.com/news/universitys-decision-to-suspend-student-   
   following-allegation-of-sexual-assault-was-upheld-due-to-policy-in-   
   handbook/   
      
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