What happens when a female university student lives with a male colleague roommate, which the college put them together, he makes advances which she rejects, things go sour and she moves out. He then continues to harass her, she makes a complaint with the university under Title IX of the Civil Rights Act, as amended. The college “investigates” and makes a finding of “no cause.” Now he has sued her in small claims court for claims allegedly arising out of the roommate relationship. Apart from the fact that his claims are highly frivolous and brought for malicious purposes only, what can she do? He also continues the harassment/stalking, but it is all very subtle/ambiguous/deniable.
Some of the possible claims for her might be:
- malicious prosecution (but have she’ll have to wait until after she wins the small claims case.
- 57.105 for bringing a frivolous action assuming she wins the small claims action.
- A stalking injunction, and then when he violates it and causes her economic loss, she ma have a claim under 784.0487.
- If his behavior forces her out of her Phd program, maybe tortious interference in relationship between her and the college.
But NO claims against the college.