MOELLER et al v. BOARD OF TRUSTEES OF INDIANA UNIVERSITY
| MATTHEW C MOELLER |
| CHARLES BANTZ, BOARD OF TRUSTEES OF INDIANA UNIVERSITY, KIM D KIRKLAND, MICHAEL A McROBBIE, NASSER H PAYDAR and JOHN N WILLIAMS |
| 1:2016cv00446 |
| February 25, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K. LaRue |
| Jane Magnus-Stinson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
93
ORDER - Plaintiff Dr. Matthew Moeller worked at Indiana University in the School of Dentistry (the "University") as a Clinical Assistant Professor of Operative Dentistry - a non-tenure track position. In October 2014, the University becam e aware of allegations of sexual harassment made by students against Dr. Moeller. University representatives interviewed numerous students and informed Dr. Moeller that there were complaints that he had patted, rubbed, and massaged the backs of f emale students without their permission, and touched and rubbed the upper leg of a female student. Dr. Moeller admitted these allegations, but disputed their context and significance. After an investigation, which afforded Dr. Moeller the opportun ity to present his version of events, the University terminated Dr. Moeller's employment. Dr. Moeller filed complaints and appeals with various University entities, one of which recommended that the University should provide Dr. Moeller with more information regarding the allegations, interview him again, and provide him with the reasons the University concluded that he should be terminated. The University adopted these recommendations and offered Dr. Moeller the additional information and another interview on the condition that he waive his right to appeal the decision, but Dr. Moeller declined the offer. He then initiated this litigation, asserting, among other claims, violation of his right to procedural due process. Defendan ts have filed a Motion for Summary Judgment, [Filing No. 68 ], and Dr. Moeller has moved to dismiss two of his claims, [Filing No. 80 ]. Both motions are now ripe for the Court's decision. Defendants' Motion for Summary Judgment as to Dr. Moeller's breach of the covenant of good faith and fair dealing claim is GRANTED. The Court GRANTS Defendants' Motion for Leave to File Surreply in Opposition to Plaintiff's Motion to Dismiss Counts Two and Five, 84 , and DE NIES Dr. Moeller's Motion to Dismiss Counts Two and Five Without Prejudice, 80 . The Court GRANTS Defendants' Motion for Summary Judgment, [Filing No. 68 ], on all of Dr. Moeller's claims. Final judgment shall enter accordingly. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/27/2017. (RSF)
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