Suit by expelled law student alleges BigLaw firm acted as 'outsourced Title IX decision-maker' without due process
Updated: A male law student expelled from the Charleston School of Law in South Carolina alleges in a lawsuit that the school had a “double standard rooted in gender bias” in handling dueling harassment complaints.
In an Oct. 22 suit, student William Barnes alleges that the law school and Baker, Donelson, Bearman, Caldwell & Berkowitz, the law firm that oversaw the disciplinary process, acted together to violate his due process rights.
Barnes claims that his complaint about harassment by a female law student was largely ignored by the school, but when the woman he accused filed a countercomplaint, “the institution acted with extraordinary haste and hostility.”
According to the suit, Baker Donelson acted as the “outsourced Title IX decision-maker” overseeing the woman’s complaint filed under Title IX of the Education Amendments of 1972. The suit says the disciplinary process convened by the firm lacked procedural safeguards, including timely notice, access to due process and the right to cross-examine witnesses.
Among the remedies sought are expungement of Barnes’ disciplinary record, along with compensatory and punitive damages.
Barnes said he filed a formal complaint with the school alleging harassment by a fellow student, “L.S.,” on about May 28 or May 29 in 2024. His complaint “alleged coordinated harassment involving faculty and students, emotional distress and reputational harm,” according to the suit.
The school issued a no-contact directive between the two students but did not initiate investigations or take meaningful steps to address the harassment, the suit says. Several weeks later, L.S. filed a complaint alleging misconduct by Barnes. The school launched a formal investigation and launched disciplinary proceedings against Barnes with the aid of Baker Donelson, leading to his expulsion May 29, 2025.
The hearing panel allegedly comprised attorneys affiliated with Baker Donelson, including partner Jennifer Curry, who is labeled as the “decision-maker” in the suit. Barnes was expelled despite mitigating factors, including academic progress, compliance with directives and lack of repeat conduct, the suit says.
The law school’s actions “were motivated by gender-based stereotypes and assumptions, including the presumption that male-initiated complaints lack credibility, and that female complainants are inherently more vulnerable,” the suit says.
Counts against the school allege gender-based discrimination and retaliation in violation of Title IX, violation of procedural due process, breach of contract, breach of the implied covenant of good faith and fair dealing, negligence and conspiracy. Counts against Baker Donelson allege conspiracy and tortious interference with contractual and business expectancy.
A spokesperson for the Charleston School of Law said the school’s president and the interim dean don’t comment on pending litigation. A Baker Donelson spokesperson and Curry told the ABA Journal that they have no comment at this time.
Hat tip to Law.com, which reported on the suit.
Updated Oct. 29 at 9:02 a.m. to report that Baker, Donelson, Bearman, Caldwell & Berkowitz declined to comment. Updated Oct. 29 at 3:33 p.m. to report that Charleston School of Law officials don’t comment on pending litigation.
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