Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
No. 1:20-cv-00669—Dan A. Polster, District Judge.
Argued: February 2, 2022
Decided and Filed: February 14, 2023
Before: SUHRHEINRICH, WHITE, and STRANCH, Circuit Judges.
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OPINION
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JANE B. STRANCH, Circuit Judge. John Doe sued Oberlin College, the Oberlin
College Board of Trustees, the College’s Title IX Coordinator Rebecca Mosely, and ten
unnamed Oberlin College Defendants (collectively, Oberlin) in Ohio state court during the Title
IX office’s ongoing investigation into a fellow student’s sexual misconduct accusation against
him. In addition to state common law claims, Doe alleged that the investigation violated federal
due process and Title IX. After removal to federal court, the district court sua sponte dismissed
the federal due process claim with prejudice and dismissed the remaining claims without
prejudice. Doe filed this timely appeal.
Although the district court did not follow the appropriate process for an on-the-merits,
sua sponte dismissal of Doe’s federal due process claim, Oberlin is not a state actor subject to
federal due process requirements. Dismissal on the merits was therefore proper, and we
AFFIRM. Regarding Doe’s remaining claims, the district court was correct to dismiss them for
lack of ripeness, but subsequent factual developments have ripened the claims on appeal. We
REMAND those remaining claims to the district court for further proceedings consistent with
this opinion. |