Title IX Lawsuit: Student Wins $136,782 Against Indiana University

Erny v. Indiana University

Case Background

On March 17, 2022, Alex Erny filed a Title IX lawsuit against Indiana University challenging his three-semester suspension following a university disciplinary hearing that found he had sexually assaulted a female student. He sued Indiana University, alleging it violated his Title IX rights by conducting a biased hearing influenced by his sex. Erny argued that the process was unfair because he was not allowed to cross-examine his accuser or have legal representation during the hearing. Additionally, he described the panel's final disciplinary finding as "perplexing." The case was filed in the United States District Court, Indiana Southern (Indianapolis). The civil rights lawsuit was assigned to Judge Richard L. Young and referred to Magistrate Judge Mario Garcia. [Case number: 1:22cv524]

Cause

In the fall of 2018, Alex Erny, a math major from Jasper, Indiana, enrolled at Indiana University in Bloomington. By the summer of 2020, Erny resided in an off-campus apartment in Bloomington but was not attending classes. On June 16, 2020, Erny connected with fellow student Madeline Moore through a dating app. They met that evening and returned to his apartment, where they drank a few glasses of wine. Moore texted her roommate, stating she would "still be here for a hot minute." According to Erny, the evening turned romantic, and the two began kissing, with the encounter becoming more sexual as time progressed. Around 1:30 a.m., Erny felt things were moving too quickly. He took a break and went to the bathroom. When he returned, Moore had fallen asleep, and no further sexual activity occurred, as Erny later recounted. Later that night, Moore's roommate arrived to pick her up. Moore, however, recalled the events differently. She believed she blacked out after consuming a few glasses of wine and woke up naked hours later. Suspecting she had been drugged, she reported the incident to police that day as a sexual assault. A rape kit was administered, but the Bloomington Police did not file charges. Erny consistently denied both drugging and assaulting Moore. Moore also reported the incident to Indiana University. The university initiated an investigation but did not inform Erny for several months. On December 2, 2020, a hearing was held before a three-member panel. Although Erny had legal representation, his attorney could not participate, and Erny was barred from cross-examining Moore. The panel found Erny guilty of sexual assault but found no evidence of drug use, as police drug tests returned negative. Erny received a three-semester suspension, which was upheld on appeal.

Damages

If Alex Erny succeeded at trial, the only damages he could recover were his economic losses from the three-semester interruption of his education. Emotional damages were unavailable under Supreme Court precedent governing Title IX actions.

Key Arguments and Proceedings

Legal Representation

Plaintiff(s):
- Counsel for Plaintiff(s): Annemarie Alonso | Jonathan Charles Little

Defendant(s): Board of Trustees of Indiana University
- Counsel for Defendant(s): Adam Kyle Mills | Janica Pierce Tucker

Claims

Alex Erny filed a lawsuit against Indiana University, initially as a John Doe Plaintiff, but later chose to proceed under his own name. He claimed the university violated his Title IX rights by subjecting him to intentional sex-based discrimination. Erny argued that the hearing process was unfair because he could not effectively utilize his attorney or cross-examine Madeline Moore. To support his case, Erny cited evidence of external pressures that, he alleged, created an anti-male bias at the university. He also referenced university data that, in his view, suggested a gender-based bias in disciplinary proceedings. Additionally, Erny described the hearing panel's final decision as "perplexing," particularly given its findings. In presenting his case, Erny clarified that he did not intend to revisit the events of June 16, 2020, or whether a sexual assault occurred. Instead, he focused exclusively on challenging the investigation's fairness and the hearing process.

Defense

Indiana University denied any allegations of intentional sex-based bias during its investigation, hearing process, and disciplinary actions against Alex Erny.

Jury Verdict

The case proceeded to a two-day trial in Indianapolis. The jury instructions required determining whether Alex Erny had proven, by a preponderance of the evidence, that Indiana University intentionally discriminated against him based on sex during its investigation and disciplinary actions. On September 11, 2024, the jury ruled in Erny's favor, awarding him $136,782 in economic damages, the only type of damages available in the case. The court entered a judgment consistent with the verdict.

Post-trial Motion

Following the trial, Erny filed a motion seeking $217,800 in attorney fees for his legal team, which included an hourly rate of $550 for Attorney Little. The court has not yet ruled on this motion.

Court Documents:

Available for purchase upon request

Male Student Wins $136,782 Verdict Against Indiana University in Title IX Lawsuit