Case 1:19-cv-11626-DPW Document 35 Filed 08/20/19 Page 1 of 3

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JOHN DOE,

)
)
Plaintiff,
)
)
v.
)
)
TRUSTEES OF BOSTON COLLEGE, )
)
Defendants.
)

CIVIL ACTION NO.
19-11626-DPW

ORDER OF
PRELIMINARY INJUNCTION
August 20, 2019
Based upon the submissions of the parties and the arguments offered at
the hearing this day, for reasons stated during and reflected in the
stenographer’s notes of that hearing, I find and conclude that:
The Plaintiff John Doe has established adequate grounds for the within
preliminary injunctive relief. This showing has demonstrated:
(i) that there is a substantial likelihood that John Doe will succeed on his
claims that he was deprived of fair process in the Defendants’ adjudication of
sexual misconduct charges against him resulting in the sanction of suspension
from Boston College enrollment;
(ii) that the within interlocutory relief staying the suspension will serve
the public interest in fair process for the determination of sexual misconduct
charges by institutions of higher education;
(iii) that the balance of hardships in respect to interlocutory relief that
may be caused respectively to John Doe, the complainant Jane Roe and the

 Case 1:19-cv-11626-DPW Document 35 Filed 08/20/19 Page 2 of 3

Defendants’ institution would decidedly weigh more heavily upon John Doe if
the within interlocutory relief is not granted as compared with the significantly
less weighty hardship that would be experienced by Jane Roe or by Boston
College as a result of the within interlocutory relief’s effective deferral of
ultimate determination — preserving pendente lite the status quo before the
suspension was definitively directed by Boston College — should the
Defendants ultimately prevail in this action despite the prediction of likelihood
of success by John Doe on the merits upon which the within interlocutory relief
is being granted; and
(iv) that cognizable irreparable harm will be visited upon John Doe
should the within interlocutory relief not be granted.
Accordingly, it is HEREBY ORDERED that:
1.

The June 18, 2019 suspension (upheld by the denial of Plaintiff’s

appeal on July 24, 2019) of John Doe from Boston College is STAYED, and it is
FURTHER ORDERED that:
2.

The Defendants shall continue to facilitate Plaintiff John Doe’s

enrollment at Boston College under the same terms and conditions of
enrollment as obtained during the pendency of the unresolved disciplinary
allegations in the spring 2019 semester, including without limitation,
registration for all classes for the fall 2019 semester which will begin on August
26, 2019 and participation fully in all University activities; and it is FURTHER
ORDERED that:

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 Case 1:19-cv-11626-DPW Document 35 Filed 08/20/19 Page 3 of 3

3.

This Order shall remain in effect pending any further Order of this

Court.
4.

By stipulation of the parties, John Doe is relieved of the obligation

to give the security otherwise required by Fed. R. Civ. P. 65(c).

/s/ Douglas P. Woodlock
_____________________________________
DOUGLAS P. WOODLOCK
UNITED STATES DISTRICT JUDGE

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