Olaoluwa Faparusi v. Case Western Reserve Univ, et al

Filing

Per Curiam OPINION filed: For these reasons, we DISMISS Faparusi s appeal as moot. Decision not for publication. Damon J. Keith, Alice M. Batchelder, and Richard Allen Griffin, Circuit Judges.

Case: 16-4358

Document: 22-2

Filed: 06/21/2017

Page: 1

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 17a0356n.06

FILED

No. 16-4358
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

OLAOLUWA FAPARUSI,
Plaintiff-Appellant,
v.
CASE WESTERN RESERVE UNIVERSITY;
GEORGE O’CONNELL, Administrative
Hearing Officer; KIMBERLY SCOTT, Title
IX Investigator,
Defendants-Appellees.

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Jun 21, 2017
DEBORAH S. HUNT, Clerk

ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF
OHIO

BEFORE: KEITH, BATCHELDER, and GRIFFIN, Circuit Judges.
PER CURIAM. Olaoluwa Faparusi brings this interlocutory appeal from the district
court’s order denying his motion for a temporary restraining order and preliminary injunction.
We dismiss Faparusi’s appeal as moot.
Faparusi was enrolled as a student at Case Western Reserve University (CWRU) in the
department of biomedical engineering during the 2015-2016 academic year. On March 1, 2016,
while studying at an on-campus residential facility, Faparusi used the women’s restroom. Based
on a female student’s report that Faparusi was taking photos in the women’s restroom, CWRU
conducted an investigation.

Kimberly Scott, CWRU’s Title IX Investigator, interviewed

Faparusi and the female students involved in the complaint.

George O’Connell, CWRU’s

Administrative Hearing Officer, held a sexual assault administrative hearing with Faparusi and
his father present. In a decision dated March 21, 2016, O’Connell found that Faparusi had

Case: 16-4358

Document: 22-2

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No. 16-4358, Faparusi v. Case Western Reserve Univ.
violated CWRU’s policies by engaging in sexual exploitation and disorderly conduct and
suspended him from CWRU effective immediately until June 2, 2017.

Faparusi appealed

O’Connell’s decision, which was upheld by CWRU’s Appeal Board.
Faparusi filed a pro se complaint against CWRU, O’Connell, and Scott, asserting that the
defendants violated his due process rights and breached his contract with CWRU. Faparusi
moved for a temporary restraining order and preliminary injunction “requiring the Defendants to
forthwith reinstate Mr. Faparusi, with appropriate modifications in place, into the Biomedical
Engineering program of Case Western Reserve University, in time for the Fall 2016 semester
registration.”

Adopting a magistrate judge’s recommendation, the district court denied

Faparusi’s motion for a temporary restraining order and preliminary injunction. Faparusi timely
filed this interlocutory appeal of the district court’s order. The district court subsequently
granted the defendants’ motion to dismiss Faparusi’s complaint for failure to state a claim upon
which relief can be granted. Faparusi’s appeal from the dismissal of his complaint is pending
before this court (No. 17-3212).
As the defendants point out, Faparusi’s request for preliminary injunctive relief is moot.
“Under Article III of the Constitution, our jurisdiction extends only to actual cases and
controversies. We have no power to adjudicate disputes which are moot.” McPherson v. Mich.
High Sch. Athletic Ass’n, 119 F.3d 453, 458 (6th Cir. 1997) (en banc) (quoting Crane v. Ind.
High Sch. Athletic Ass’n, 975 F.2d 1315, 1318 (7th Cir. 1992)). “Simply stated, a case is moot
when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in
the outcome.” Powell v. McCormack, 395 U.S. 486, 496 (1969).
“An appeal from the denial of a motion for preliminary injunction is mooted when the
requested time period for the injunction has passed.” Hodges v. Schlinkert Sports Assocs.,
89 F.3d 310, 312 (6th Cir. 1996).

In his motion for a temporary restraining order and
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Case: 16-4358

Document: 22-2

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No. 16-4358, Faparusi v. Case Western Reserve Univ.
preliminary injunction, Faparusi sought reinstatement “in time for the Fall 2016 semester
registration.” The fall 2016 semester has passed; therefore, the requested relief cannot be
granted. Furthermore, Faparusi’s suspension ended on June 2, 2017, the weekend before the
beginning of summer classes. Because the spring semester is now complete, the earliest that
Faparusi could reenroll, regardless of this appeal’s outcome, would be the beginning of the
summer term.
In his reply brief, Faparusi contends that his appeal is not moot because he also requested
that the Title IX investigation and reports be removed from his record and that he not be required
to pay the tuition for the spring 2016 semester. But Faparusi limited his motion for a temporary
restraining order and preliminary injunction to “requiring the Defendants to forthwith reinstate
Mr. Farapusi, with appropriate modifications in place, into the Biomedical Engineering program
of Case Western Reserve University, in time for the Fall 2016 semester registration.” Aside
from this request for preliminary injunctive relief, Faparusi’s action seeking compensatory and
punitive damages and removal of information from his record remains pending on appeal and is
not rendered moot by our dismissal of this appeal. See Bruder v. Smith, 215 F. App’x 412, 415
(6th Cir. 2007) (“Where a preliminary injunction is separately challenged, the issue of whether a
preliminary injunction is moot is a distinct issue from the issue of whether the case as a whole is
moot.”).
For these reasons, we DISMISS Faparusi’s appeal as moot.

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