Doe v. Virginia Polytechnic Institute and State University, No. 7:18-CV-320 (W.D. Va.) November 13, 2018.
Doe was expelled after having been found to have been in violation of campus alcohol and sex policies, Doe commenced suit in federal court against the school and its officials for deprivation of federal and state due process rights, under Title IX, and for negligence and breach of contract. The trial court has permitted Doe to proceed anonymously following a five part inquiry into factors intended to examine the balance between potential harm to Doe from failure to allow proceeding anonymously versus failure to proceed in accordance with public trial g uarantees. The court agreed with Doe that the request was not one made merely to avoid criticism, that the risks of retaliation against Doe and his accuser were high, that notwithstanding legal adulthood Doe may remain immature, that the government will suffer no harm by granting the request, and that there is no risk of harm to defendants from allowing anonymous proceedings because all involved were aware of true identities and would not be hampered in preparing for trial. Although the court found that the claims against individual defendants weighed against proceeding anonymously, taken together the court was persuaded that Doe’s privacy interests were sufficient to overcome the presumption of public trial proceedings.