Northwestern University argues in it's motion to dismiss that accused foreign students are not entitled to due process if the incident occurred outside U.S. territory - although simultaneously, Northwestern has the obligation to police student conduct occurring outside U.S. territory.

This is a lawsuit in which the student was accused of violence against a female student.

Relevant section:

In Count III, Plaintiff asserts that Northwestern violated his alleged constitutional right to due process provided under the Fourteenth Amendment. However, “foreign citizens outside U.S. territory do not possess rights under the U.S. Constitution.” Agency for Int’l Dev. v. All. for Open Soc’y Int’l, Inc., 140 S. Ct. 2082, 2086 (2020). As a citizen of China located in Qatar for the entirety of the events at issue, Plaintiff had no constitutional due process rights with respect to those events. Accordingly, Count III must also be dismissed with prejudice.

Link to MTD here.

This is in our Title IX Lawsuits Database.