On Sept. 23, the College filed to appeal U.S. District Court Judge J. Garvan Murtha’s order to temporarily re-enroll John Doe, the student anonymously suing the College to reverse his expulsion following an alleged sexual misconduct charge against a non-Middlebury student.
In a preliminary injunction filed last month, Murtha ruled that Doe would suffer irreparable harm if he were to win the lawsuit to reverse his expulsion and had not been allowed to attend classes while the suit was disputed. He hence mandated Doe’s reinstatement while the legal proceedings continue. The College’s appeal only applies to the preliminary injunction and not the actual case, as no decision has been made on the underlying case.
The Second Circuit Court of Appeals granted the College’s request to expedite the appeal on Oct. 2. However, even under an expedited process, the appeal will likely take most, if not all, of the fall semester.
The College is being represented by Karen McAndrew and Ritchie E. Berger of Dinse, Knapp & McAndrew P.C. in Burlington, VT. Doe is being represented by Lisa B. Shelkrot of Langrock of Sperry & Wool, LLP in Burlington, VT, and Monica R. Shah and Naomi R. Shatz of Salkind Dun- can & Bernstein LLP in Boston, MA.
The Campus will continue to report on this case as it develops.
Doe Injunction Appealed
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