Notre Dame responded to a lawsuit filed by an unnamed student alleging he was unjustly dismissed from University less than a month before his graduation, according to court documents filed Friday. The University filed a partial motion to dismiss four of the seven counts of the student’s — referred to in the court documents as “John Doe” — complaints. The lawsuit alleges Notre Dame mishandled Doe’s case and conducted an investigation full of “procedural flaws, lack of due process and inherent gender bias, designed to ensure that male students accused of any type of sexual misconduct or harassment — concepts that do not apply to John’s conduct — are found responsible.”The University’s response seeks to dismiss one count of discrimination in a public accommodation in violation of the American Disabilities Act and one count of violation of Section 504 of the Rehabilitation Act of 1973. According to a brief filed by the University in support of its motion, the University claims these charges should be dismissed for several reasons, including that Doe does not claim his disability “substantially limited any major life activity,” does not allege any facts that “would indicate the University perceived Mr. Doe to be disabled” and provides no facts to show he suffered adverse action because of his disability.Additionally, the University seeks to dismiss the count of estoppel and reliance because, under Indiana law, “promissory estoppel cannot be established without reasonable reliance on a promise.” Doe, according to the brief filed by the University, has not provided facts that would establish his awareness or reading of du Lac — on which he bases this claim — that motivated his enrollment. Doe has not alleged that he read du Lac, the brief says, or that he “reviewed the terms on which he claims now the University has not met, that he was ever aware of the terms at the time of enrollment, or that his decision to enroll was at all based on having reviewed or read its language.” The University alleges that by not having been aware of the terms of du Lac at the time of his enrollment, Doe cannot establish detrimental reliance on those terms, according to the brief.The University also seeks to dismiss the count of negligent infliction of emotional distress, on the grounds that negligent infliction of emotional distress is not a stand-alone tort claim in the state of Indiana, which are the circumstances of Doe’s complaint. The University argues that Doe does not allege it acted negligently in a manner that “physically touched him, causing him emotional distress; but rather that his emotional distress arises from the University’s allegedly negligent administration of its policies under du Lac,” the brief says. By claiming that the impact of the alleged negligence was not physical in nature, the University argues that this count of the complaint is a breach of contract, not a negligent infliction of emotional distress, according to the brief. Indiana does not allow recovery of emotional distress damages for breach of contract, according to the brief. Tags: lawsuit, Title IX
20 Grays Rd, HamiltonA ROOFTOP terrace helps this Hamilton home standout above all others.The five-bedroom home at 20 Grays Rd, is a new build with outdoor entertaining areas and polished timber floor inside.A gated driveway leads to a front porch that opens to the second floor. Inside downlighting and a bright palette flow throughout open-plan living and dining rooms with large slider windows. 20 Grays RdNext to a powder room, the kitchen has timber-finished cabinetry, a breakfast bar and corner pantry. The second floor of the residence also houses a double garage with storage space and the main bedroom which has a walk-in wardrobe and an ensuite with a double vanity and glass shower.External stairs near the living room lead up to a rooftop terrace with panoramic neighbourhood views.Back inside, floating timber stairs and an elevator connect the second floor to the rest of the residence, including the first floor, which has three carpeted bedrooms. Two bedrooms have built-in wardrobes, including one with a private balcony, and share a modern bathroom with a freestanding bath and glass shower. More from newsParks and wildlife the new lust-haves post coronavirus1 day agoNoosa’s best beachfront penthouse is about to hit the market1 day agoThe third bedroom has a walk-in wardrobe and an ensuite with a double vanity. A study and theatre room with plush carpet and a recessed ceiling occupy the remainder of the level.Downstairs comprises a rumpus room with a bar area and imported polished tiles. Outside, a covered patio overlooks an in-ground pool. Back inside, the downstairs bedroom has a walk-through wardrobe and stylish ensuite. Completing the floor is a bathroom and laundry with external access.Other features of the residence include ducted airconditioning, a state-of-the-art intercom system, mono circular staircases and an internal elevator.Agent Patrick McKinnon said the property offered an opportunity like no other.“Offering unmatched quality, this home is an outstanding family sanctuary of contemporary luxury, comfort, space and ease of living,” Mr McKinnon said.
Newcastle striker Papiss Cisse and midfielder Cheick Tiote have assured fans the players remain united and fully committed to the task of avoiding relegation from the Barclays Premier League. Press Association Cisse continued: “We are not happy about recent results. Nobody is happy when they lose, but this has only made us stronger as a group and we will come through this together. There is no divide in the team.” Tiote added: “We want to let the fans know that all of the players are committed and we are in this together. “We will fight to get out of this problem and we know our fans will help us to do that. They are incredible.” Magpies managing director Derek Llambias also hit out at “false rumours” of a rift within the dressing room. “The club is determined to turn things around and everyone is working together to secure that goal,” he said. “It is not helpful when people try and distract the team and the manager with false rumours.” Alan Pardew’s side, who sit five points above the relegation zone but have played a game more than 18th-placed Wigan, travel to West Ham on Saturday before visiting QPR the following weekend and then finishing the season at home to Arsenal. Responding on the club’s website to reports of disharmony among the squad following two thumping home defeats last month – 3-0 against local rivals Sunderland and then 6-0 at the hands of Liverpool – Cisse acknowledged the players were hurting but insisted they had a “strong bond”. He said on www.nufc.co.uk: “Every player is together. We are totally focused on Saturday’s game at West Ham and the two games after that. We have a strong bond and we want the best for our club, our manager and our wonderful fans.”