Fung v. Liberty University

Summary

The court grants Liberty University's motion to dismiss Gail Fung's pro se complaint alleging Title VI and Title IX discrimination, retaliation, hostile educational environment, education fraud, lost earnings, and violations of university policies. Counts I, II, and V are dismissed with prejudice, while Counts III and IV are dismissed without prejudice because the complaint does not sufficiently plead the relevant claims. The court also dismisses Fung's pending motion for summary judgment as moot and takes Liberty's request for Rule 11 sanctions under advisement.

Holdings

1. Educational malpractice is not a recognized cause of action, and Fung's education-fraud claim failed to state a cognizable claim. The claim was dismissed with prejudice because amendment would be futile.
2. Lost wages or earnings are a form of damages rather than an independent cause of action. Count II was dismissed with prejudice because it was not tied to a cognizable claim and amendment would be futile.
3. Alleged violations of university policies did not state a viable independent claim because the complaint did not identify the policies or allege facts showing mutual intent to be bound by them. Count V was dismissed with prejudice.
4. The Title VI and Title IX claims were not shown to be time-barred at the motion-to-dismiss stage.
5. Fung did not allege sufficient facts showing that the alleged race- or sex-based harassment was severe or pervasive enough to create a hostile or abusive educational environment. Count III was dismissed without prejudice.
6. Fung failed to plead sufficient facts supporting intentional discrimination under Title VI or Title IX. Count IV was dismissed without prejudice because amendment might not be futile.
7. Fung adequately alleged protected activity and adverse action but failed to allege facts establishing causation because she did not identify when she made her reports or show that the relevant decision-makers knew of them. The retaliation claim in Count IV was dismissed without prejudice.
8. Fung's pending motion for summary judgment was dismissed as moot after the court resolved Liberty's motion to dismiss.

Questions Presented

1. Whether education fraud or educational malpractice is a cognizable cause of action.
2. Whether lost earnings constitutes an independent cause of action.
3. Whether alleged violations of university policies state an enforceable breach-of-contract or other claim.
4. Whether Fung's Title VI and Title IX claims were barred by the statute of limitations at the pleading stage.
5. Whether Fung adequately pleaded a hostile educational environment claim under Title VI or Title IX.
6. Whether Fung adequately pleaded discrimination based on race, sex, color, or national origin under Title VI or Title IX.
7. Whether Fung adequately pleaded retaliation under Title VI or Title IX.
8. Whether Fung's motion for summary judgment should be dismissed as moot.

Disposition

other