Judge denies university's motion to dismiss student's due process lawsuit against college by Ashe Schow

August 20, 2014

A Vermont federal judge denied Marlboro College’s motion to dismiss a lawsuit filed by one of its students alleging the university wrongfully convicted him of sexual assault.

 

Judge William Sessions III, a U.S. District Court judge in Burlington, Vt.,ruled earlier this month that the student, Luke Benning, had grounds to file his lawsuit in federal court because he claimed damages exceeding $75,000 and should have access to depose certain employees at Marlboro College. Sessions did grant Marlboro’s motion to dismiss Benning’s defamation claim, but left the door open to reconsider if Benning “uncovers evidence of defamation during discovery.”

 

Sessions also denied Benning’s motion for expedited discovery because Benning wanted to depose witnesses before the end of the academic semester, which has already passed, making the motion moot.

 

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