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S.D.N.Y.Procedural orderFiled Nov. 13, 2019

Doe v. Vassar College

Judge
Nelson Roman
Docket
7:19-cv-09601
Court
U.S. District Court · Southern District of New York
Pages
4
Civil Procedure
In one sentence

In Doe v. Vassar College, Judge Roman granted permission to use pseudonyms and redact names in evidence concerning alleged non-consensual touching.

Who this affects

John Doe and another student identified as Jane Doe may proceed under pseudonyms, and their names may be redacted from documentary evidence; Vassar College was not found to be prejudiced by that arrangement.

What happened

In Doe v. Vassar College, John Doe asked to use pseudonyms for himself and another student and to redact their names from documents. Vassar College did not oppose the request.

The court considered the sensitive and personal nature of allegations involving an alleged sexual assault, possible harm from disclosure, the public interest in protecting identities, and whether Vassar College would be prejudiced. It found that these considerations favored anonymity.

Judge Nelson S. Roman granted the motion. John Doe may proceed under that name, the other student may be identified as Jane Doe, and the parties may redact their names from documents submitted in the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Doe v. Vassar College · No. 7:19-cv-09601
Judge
Nelson Roman
Date
Nov. 13, 2019

Background

John Doe asked the court for permission to use pseudonyms for himself and another student in this case. He also asked to redact their names from documentary evidence. The motion was unopposed. The opinion describes the allegations as involving non-consensual touching and an educational institution's handling of an alleged sexual assault.

Legal standard

Federal Rule of Civil Procedure 10(a) generally requires pleadings to identify the parties. The court explained that using a pseudonym is an exception that may be allowed when the party's need for anonymity outweighs prejudice to the opposing party and the public's interest in knowing the party's identity. Relevant considerations include the sensitivity of the subject, possible physical or mental harm from disclosure, the vulnerability of the people involved, whether the identities have remained confidential, the public interest in disclosure, and whether other confidentiality protections are available.

Court's analysis

The court found that the case involved highly sensitive and personal matters. It stated that public exposure could be personally damaging to both the victim and the accused, that disclosure of the victim's identity could cause psychological trauma, and that protecting sexual-assault victims' identities serves a public interest by helping ensure that other victims are not deterred from reporting similar crimes. The court also found that Vassar College would not be prejudiced by the use of pseudonyms and that anonymity would protect the confidentiality of the plaintiff and, more importantly, the victim.

Ruling

Judge Nelson S. Roman granted the motion. The court permitted the plaintiff to proceed as “John Doe,” directed that the other student be identified as “Jane Doe,” and granted permission to redact the names of the plaintiff and the other student from documentary evidence submitted in the action. The Clerk was directed to terminate the motion listed as Docket No. 6.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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