Goal:
USD $250,000
Raised:
USD $2,375
Campaign funds will be received by Alexander Horb
My name is Alexander Horb and my lawyer is Philip A. Byler, and we’ve been fighting Purdue University in court for over eight years ever since they ripped my future away. I was unjustly suspended after a Title IX school investigation found me guilty of baseless accusations while shamelessly violating my right to due process. Consequently, my dream to join the Navy and serve my country was destroyed. My life since has been largely focused with Mr. Byler on the following legal struggle that ensued.
Our lawsuit has long been referred to as “Doe v Purdue” until recently, when a new precedent against anonymity in Title IX cases was established at the 7th Circuit Court last year. Now the case is officially "Horb v Purdue", and Phil has been instrumental to every step of this case. We would never have made it this far without his fierce fighting spirit and financial consideration towards me. I often feel that he is more than I deserve. The picture of us above was taken late 2023 after a combination of overwhelming case work and personal factors took a serious toll on Phil’s health, hospitalizing him for several days and delaying legal proceedings. He has been battling cancer during his time representing me and has undergone multiple brain operations in the past year alone—all without a single complaint. He is not only a great man but a superb lawyer, and I am proud to call him my friend. Regardless of the outcome, I am eternally grateful for his support and inspiration in my life over these past eight years.
The purpose of this campaign is twofold. First, we are looking to raise enough money to support us through trial. If we can make it to trial in strong financial shape, we are confident that we will win. Purdue’s treatment of me has been and continues to be unjust, and we just don’t see a jury siding against us. Considering our situation, we estimate minimum total costs at roughly $150,000. However, I have set our goal at $250,000 because expenses have shown to be wildly unpredictable at times. So what we’re asking for is roughly the equivalent fee of a single speech that Jordan Peterson gives at big institutions like Purdue.
The second purpose of this campaign is to help secure additional legal representation. Due to the state of Phil’s health struggles recently, the Court has respectfully told me I must have a lawyer in good health for the trial. As much as he really wants to, litigating a week-long trial is beyond Phil’s current physical capacity, and we are still uncertain when—or if—this will change. So we’re looking for another lawyer (or lawyers) that can help us cross the finish line. Following a recent continuance granted by our judge, we have until early April—roughly six weeks—to bring someone on board. They will have additional time to become fully acquainted with the details—a process in which Phil can still assist. We are hoping that this campaign helps generate some leads in addition to raising the money necessary to win the lawsuit. Seeing the interest generated by a recent Daily Wire article published several days ago has given me some more confidence that we can do this. The link to that article can be found here; it summarizes some information relevant to the next section quite well. Thank you Ashe.
In spring 2016 during my freshman year, I was falsely accused by an ex-girlfriend—whom I had hardly heard from in months— who was intent on having me removed from the Navy ROTC unit we were both a part of at the time. After she complained to Navy staff, her complaint was forwarded by a third-party advocacy group to Purdue’s Title IX office. Beyond a single meeting with Title IX investigators and a dubious email that Purdue claims came from her later that summer, she had no further involvement. I was immediately barred from certain parts of campus she frequented, never given any opportunity to face my accuser or defend myself fairly, there were no formal hearings and I was never shown the investigation report. After that report was later revealed in the discovery phase of my lawsuit that followed, it became clear the school never had any intention of being fair with me. My innocence had been insulted the entire way through. Thanks Obama.
Purdue’s Title IX policy at the time actively prevented students in my position from viewing investigation details or any part of the school’s investigation report, and afforded us no due process rights during the investigation. For those reasons, much of the actual details of what Purdue did were only learned during the lawsuit’s discovery phase. Since then, Purdue has changed that policy and has faced numerous similar Title IX lawsuits, yet continues to deny any wrongdoing in their treatment of me. Additionally, Purdue argues to this day that my due process rights were “immaterial” to their investigation, and the magistrate judge who previously presided over our case ruled in Purdue’s favor—asserting that no one in my unique position, straddling both the school and the Navy, is entitled to due process rights. More details on that in the first update.
I was shocked when Purdue found me guilty on a ‘preponderance of evidence’ without any actual reasons provided, and then suspended me with no re-admission guarantee. Any potential readmission came with conditions that would force me to act as though I were guilty, and Purdue has since tried to fault me for not trying. Even upon appealing the decision, no further explanation was given, only that I was deemed a ‘non-credible witness’ without any justification. My reputation was ruined. Many people I considered friends stopped talking to me. Purdue’s suspension forced me to withdraw from the Navy ROTC program, completely derailing my dream of becoming a Navy SEAL. We were told that I would have little to no chance of entering the military thereafter. To this day, my permanent federal record with the Department of Defense reflects that wrongful suspension, effectively destroying my chances of becoming a military officer. With my ROTC scholarship gone, I could no longer afford school without going into debt. I did end up trying for several semesters at a different school but failed out academically after being unable to focus on my studies in light of the mental fallout and ongoing lawsuit.
After careful consideration with my family, we decided that we had to bring a lawsuit against Purdue. It was the only way we had left to fix my reputation, clear my records, and to find justice. We had no idea how hard this would be, but we have stuck together this whole time in spite of the things we have had to deal with. My parents did not deserve to see their savings and 401(k)s drained in an effort to clear my name from the wrongdoing of powerful bad actors, but they did not hesitate. I am very lucky to have them. I love all my family and will always be grateful for these people in my life that have helped me, in many cases far more than I have helped them. You know who you are—thank you.
Ahead, we face a Daubert hearing, trial, and several pending motions. Most of the groundwork is complete, with exhibits submitted and dates expected to be set after early April. We need counsel who can familiarize themselves with the material and litigate a trial effectively. Our experts are very smart, high integrity men that I am grateful to have on my side. They will tear Purdue to pieces in court, but they will need to be paid before that can finally happen. Part of the campaign funding is for them. The rest is meant for additional counsel and then anything else.
I don't want to delve too much into the personal impact this has had on me, but I will say a few words. Yeah, dealing with this case has really sucked. It’s been very difficult for me personally. It’s been very difficult for my family. I love my dad very much and hate hearing that he’s been having just as many sleepless nights worrying over this stuff as I have. He’s a very good man and doesn’t deserve that. I’ve had a hard time holding a job consistently, and for many years, especially early in the case, I struggled a lot. Fortunately, I have good people in my life that have helped me get to this point in one piece, but it hasn’t been easy.
We’ve been fighting dishonest people that wield large amounts of money to lie about me and hide the truth, and my own lawyer and good friend is battling severe cancer to the point that our judge had to step in and ask that I find additional counsel. Maybe it’s selfish, but I want my friend to get better without having to worry anymore about this, and I also don’t want the work we’ve done to go to waste. He deserves time to rest and recover, and frankly we deserve nothing short of complete justice for the terrible actions of Purdue. This case absolutely deserves to win.
It took me far too long to bring myself to write and post this campaign. Asking for help has never been my strong suit and I always prefer to figure things out without burdening others. Because to me, that’s what a man does. But the reality is that there are oftentimes situations and battles that require outside support to resolve and win, and right now we are in one of those battles. We really need some help right now. I really need help right now. I really believe we’ve come this far by the grace of God, and I am profoundly fortunate to have met and hired Mr. Byler, who has fought tooth and nail to get us this far. But right now we need more lawyers and we need funding, and I’m doing my best to ask for it. I also ask that you consider Phil’s health in your prayers. Of all the people I know, he is among the most deserving of a positive outcome, and giving up is not really in his nature anyway. Thank you.
It’s all in God’s hands.
Brother, your pain, struggle, and sacrifice has sharpened you into something BEYOND what the military could ever train you to do. You are an incredible man and I'm lucky to have a good friend like you on this journey together. Thank you for accepting me for who I am.
Best to you and Mr. Byler in this struggle!!
You've been in the trenches for far too long, friend. I pray more folks can understand the severity of this case and how important it is that you win this.
i will pray for justice for you Alex, a fair trial.
February 25th, 2025
Mr. Byler recently wrote a letter at a third party's request, and I thought it would be appropriate to include here as an update. Click "Read more" to see the contents of that letter, which have been copied in full down below.
Dear Colleague,
We are in the 8th year of Doe v. Purdue and it may be fairly asked why we continue to fight. It is important not to allow well financed institutions to overwhelm established constitutional and statutory rights of less powerful individuals such as my client. In July 2019 an all woman panel of the 7th Circuit upheld the complaint of denial of due process and sex discrimination brought by a male plaintiff, my client, who was a college freshman at the outset of this case. He was wrongfully suspended on false claims of sexual assault with no evidence, and denied the ability to defend himself from Purdue’s severely biased processes. Justice Barrett ruled that Purdue’s procedures did not provide due process. Indeed, the 7th Circuit ruled that what Purdue provided was less than what a high school student would get prior to getting suspended. The denial of due process was a predicate to the Title 9 rulings that found that sexual discrimination had permeated the disciplinary process. It may be asked were the two claims of denial of due process and sex discrimination necessary? The answer is unequivocally yes because the two claims were inextricably related. The rulings in Doe v. Purdue were precedent setting for both due process and Title 9 cases. Catherine DeVos, then Secretary of Education under the first Trump administration, relied explicitly upon Doe v. Purdue for formulating and then promulgating due process infused procedures for Title 9 cases as promulgated in the Code of Federal Regulations after being put through the notice and comment provisions of the Administrative Procedure Act.
The salutary reforms did meet opposition from the Biden officials who were carryovers from the Obama administration. Thus it has been necessary to continue to fight for constitutional due process rights because of aggressive litigation by universities to resist the reforms in the law. In the Doe v Purdue case it meant years of scorched earth litigation highly antagonistic to the individual student. The plaintiff in Doe v. Purdue had lost his position in ROTC and his scholarship solely because of the university disciplinary decision. Purdue tried to blame the suspension and ROTC loss of scholarship on the Navy even though the Navy ROTC commander disavowed any finding of sexual misconduct on plaintiff’s part and stated he relied entirely on the Purdue disciplinary process findings. Without his scholarship, plaintiff was no longer able to afford Purdue and attend classes.
A further consequence of the Purdue disciplinary decision was to classify plaintiff with a permanent Federal record that firmly established plaintiff’s stigma plus, entitling him to due process in the disciplinary process. This has not stopped Purdue from going so far as to argue that the provision of due process is irrelevant in their disciplinary processes with students.
We were forced to move for recusal of then Magistrate Judge Kolar because, among other serious concerns, he reversed Justice Barrett on the due process claim, ignoring her directive in the 2019 Mandate. After his unexpected nomination to the Seventh Circuit by the Biden administration, the end result for us was the same as recusal, which has much improved our outlook heading into trial.
On top of these legal developments is Purdue’s unconscionable attack and assault on the individual plaintiff that included accessing the notes of his private mental health counselor, deposing his parents and subjecting him to personal attack by Purdue’s attorney, to name a few.
The struggle in Doe v. Purdue presents a critically important case for Due Process rights and Title 9 protections for the sound development of law in education.
Respectfully submitted,
Philip A. Byler
February 25th, 2025
DETAILS ABOUT JUSTICE BARRETT'S OPINION, DISCOVERY, SUMMARY JUDGMENT & RECONSIDERATION ARE HERE. CLICK "READ MORE" TO VIEW THIS CRAZINESS.
The past 8 years have thrown this case all over the place. The first judge dismissed our lawsuit, claiming no grounds for either Title IX or Due Process claims. Yet upon appeal, an all-female panel led by Judge Amy Barrett unanimously agreed that we had standing to sue on both counts. They said “Purdue’s process fell short of what even a high school must provide to a student facing a days-long suspension” and cited Purdue’s refusal to provide me with any evidence for their decision that I was guilty (there wasn’t any). Our lawsuit was allowed to proceed on grounds for Title IX and Due Process, and the district court was directed to “consider expungement on remand”, essentially giving the opinion that Purdue’s mistakes should be corrected.
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