Virginia Lawyers Weekly VA Lawyers Weekly
Where a former student alleged that his removal from Liberty University’s online Ph.D. program constituted racial discrimination, but his complaint did not contain any factual allegations plausibly suggesting he was discriminated against on the basis of race, his suit was dismissed.
Background
Jerome L. Grimes, proceeding pro se, filed a complaint against Liberty University, Liberty’s IT department, Liberty’s Board of Trustees and several Liberty employees. He alleges that his removal from Liberty’s online Ph.D. program constituted racial discrimination. Defendants have moved to dismiss the case.
Analysis
Plaintiff asserts that defendants violated Title IX. Title IX provides that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance ….” Title IX’s plain language provides a cause of action for sex-based claims, not race-based claims. Because plaintiff makes no allegations concerning discrimination on the basis of sex, he fails to state a plausible Title IX claim.
Nevertheless, the Fourth Circuit has directed district courts to construe pro se complaints liberally. Because plaintiff has made allegations related to racial discrimination, the court considers whether a racial discrimination claim could survive a motion to dismiss. In his complaint, plaintiff repeatedly asserts that defendants racially discriminated against him by removing him from Liberty’s online Ph.D. program. These allegations, however, amount only to legal conclusions that are insufficient alone to survive a motion to dismiss.
Plaintiff’s complaint does not contain any factual allegations that support he was discriminated against on the basis of race or that give rise to a plausible inference of racial discrimination. Thus, even with affording a liberal construction to plaintiff’s pro se pleading, his allegations fail to raise a right to relief above the speculative level.
Defendants’ motion to dismiss granted.
Grimes v. Liberty University, Case No. 6:22-cv-00074, Feb. 15, 2023. WDVA at Lynchburg (Moon). VLW 023-3-058. 5 pp.
