Full opinion text
MEMORANDUM OPINION AND ORDER AND NOTICE OF SCHEDULING CONFERENCE HOOD, District Judge. This matter comes before the Court on a Motion for Summary Judgment filed by Defendants Grosse Pointe Public School System, Suzanne Klein, Caryn Wells, Thomas Teetaert and Karen Clein (collectively, “School Defendants”). Also before the Court is Defendant Jostens Motions for Summary Judgment and Involuntary Dismissal. For the following reasons, this Court GRANTS Plaintiffs Motion to Amend, PARTIALLY GRANTS the School Defendants’ Motion for Summary Judgment, GRANTS Defendant Jostens’ Motion for Summary Judgment, and MOOTS Defendant Jostens’ Motion for Involuntary Dismissal. I. FACTS Plaintiff Daniel Granger was a senior at Grosse Pointe High School who was to graduate in June 1998. In May 1998, Defendant Jostens and Jostens Photography published the school’s annual yearbook, a page of which displayed a photograph of Plaintiffs genitalia. Plaintiff claims he suffered embarrassment, humiliation and disgrace as a result. Plaintiff claims that “Defendants” and other administrators began an investigation into the source of the yearbook incident, which turned into a “witch hunt” to discover personal and private information about Plaintiff Granger. Plaintiff alleges that the principal (Defendant Wells) and the Yearbook Advisor (Defendant Clein) believed they would lose their jobs over the yearbook incident and would be sued. As a result, Defendants Wells and Clein, along with the Assistant Principal (Defendant Teetaert), allegedly began threatening, and/or promising favors to students for gathering personal information about Plaintiff. On June 2, 1998, two students who were questioned as part of the investigation allegedly suggested that the high school, the Principal, and the yearbook advisor, should blackmail Plaintiff for statutory rape. “Defendants” contacted the parents of these students and recommended they contact the Grosse Pointe Police Department regarding the allegation of statutory rape committed against two females. Plaintiff was later charged with statutory rape, and served 4/é months in the Dickerson Correctional Facility and two years probation (although Plaintiff claims he was not convicted of any sex crime). On June 5, 1998, Plaintiff was expelled from school, with only five days remaining until graduation. A letter was placed in his file which allegedly accuses Plaintiff of deviate behavior, and sets forth other falsehoods against Plaintiff. On June 8, 1998, Plaintiffs father received a letter from the high school which sets forth the accusations against Plaintiff. Plaintiff claims that, as a result of the actions of Defendants and the letter in his file, the University of Michigan withdrew his acceptance to the University for the Fall 1998 semester, and that he has also been denied entrance into Wayne State University and the University of Miami (Ohio). Plaintiff claims that he can no longer pursue his desire to go into politics. Plaintiff brought a ten count complaint against the Defendants in Wayne County Circuit Court on December 23, 1999. For the most part, the Counts did not set forth which specific defendant was being sued for the respective count. Count I alleged various types of invasion of privacy, including intrusion upon seclusion, public disclosure of embarrassing facts, and placing Plaintiff in a false light. Count II also alleged invasion of privacy under the Michigan, and the United States Constitutions. This Count appears to apply only to the Grosse Pointe Defendants, not to the Jos-tens Defendants. Count III alleged intentional infliction of emotional distress. Count IV alleged negligence in publishing and distributing the yearbook picture. Count V alleged defamation in publishing the June 1998 letter to third parties. Count VI alleged a denial of procedural due process in expelling Plaintiff without notice and an opportunity to be heard. Count VII alleged that Plaintiff was denied equal protection of the laws because, as a male student, he was treated differently than similarly situated female students with respect to the school’s sexual harassment policy. Count VIII alleged that Defendants violated Title IX, inter alia, by allowing a sexually hostile environment to exist. Count IX alleged that Defendant interfered with Plaintiffs contractual relations with the University of Michigan, in that the University withdrew its acceptance of Plaintiff as a student. Count X alleged negligent supervision in the printing, publishing, and distributing of the yearbook. Pursuant to 28 U.S.C. § 1441, Defendants removed this action on January 24, 2000, because the Complaint alleged federal questions, thereby allowing jurisdiction under 28 U.S.C. § 1331. On September 29, 2000, this Court dismissed Count V (Defamation) as to all Defendants based on the statute of limitations. This Court also denied Defendants’ Motion to Dismiss based on governmental immunity without prejudice pending discovery as to the proprietary function exception. Counts IV (Negligence) and X (Negligent Supervision) were dismissed as to Defendants Wells, Clein and Teetaert only, and Defendant Grosse Pointe Board of Education was dismissed from the entire case as an entity not amenable to suit. On October 20, 2000, Plaintiff filed an Amended Complaint that named the Grosse Pointe Schools District as a Defendant and purported to demonstrate the proprietary nature of the yearbook. The Amended Complaint also added a defamation claim against the District, Defendant Wells and other administrators of the high school, alleging that the June 8,1998 letter was published to Wayne State University, Miami University of Ohio, and Bowling Green State University. Defendants Grosse Pointe School District, Klein, Wells, Teetaert, Clein and Jostens move for summary judgment on Plaintiffs Amended Complaint on June 29, 2001. On October 16, 2001, Defendant Jostens filed a Motion for Involuntary Dismissal pursuant to Fed.R.Civ.P. 41(b). Plaintiff filed untimely Response briefs to each of these Motions on October 18, 2001. II. STANDARD OF REVIEW Summary judgment is appropriate if “the pleadings, depositions, answers to the interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); Wojcik v. City of Romulus, 257 F.3d 600, 608 (6th Cir.2001); Nelson v. City of Flint, 136 F.Supp.2d 703, 712 (E.D.Mich.2001). The movant must meet the initial burden of showing “the absence of a genuine issue of material fact” as to an essential element of the non-movant’s case. See Betkerur v. Aultman Hospital Association, 78 F.3d 1079, 1087 (6th Cir.1996); Nelson, 136 F.Supp.2d at 712. Once a properly supported summary judgment motion has been filed, however, the burden shifts to the party opposing the motion to “set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e). The presence of factual disputes will preclude granting of summary judgment only if the disputes are genuine and concern material facts. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute about a material fact is “genuine” only if “the evidence is such that a reasonable jury could return a verdict for the nonmov-ing party.” Id. In deciding a motion for summary judgment, a court must view the facts in the light most favorable to the nonmoving party. Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The non-movant must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita, 475 U.S. at 586, 106 S.Ct. 1348; Celotex, 477 U.S. at 323-24, 106 S.Ct. 2548; Nelson, 136 F.Supp.2d at 712. Moreover, the court need not accept as true legal conclusions or unwarranted factual inferences. Varljen v. Cleveland Gear Co., Inc., 250 F.3d 426, 429 (6th Cir.2001); Hoeberling v. Nolan, 49 F.Supp.2d 575, 577 (E.D.Mich.1999). For a dismissal to be proper, it must appear beyond doubt “that the plaintiff would not be able to recover under any set of facts that could be presented consistent with the allegations of the complaint.” Varljen, 250 F.3d at 429. Summary judgment must be entered against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial. See Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548. In such a situation, there can be “no genuine issue as to any material fact,” since a complete failure of proof concerning an essential element of the nonmoving party’s case necessarily renders all other facts immaterial. Id. A court must look to the substantive law to identify which facts are material. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. III. ANALYSIS A. Violations of Local Rule 7.1 As an initial note, Plaintiff has failed to comply with at least two local rules of the Eastern District of Michigan. Local Rule 7.1(d)(1)(B) (E.D.Mich. Sept. 8, 1998) states that “[a] response to a dispositive motion must be filed within 21 days after service of the motion.” All Defendants in this case filed motions for summary judgment on June 29, 2001. Plaintiff delivered his response motions to these chambers on October 11, 2001, nearly three and one half months after Defendants’ motions had been filed, and only filed his response with the Court Clerk after being told to do so during oral arguments held on October 17, 2001. This is in clear violation of the local rules of this district. Plaintiffs brief in opposition to the School Defendants, numbering thirty-eight (38) pages, violates Local Rule 7.1(c)(3)(A) of the Eastern District of Michigan, which states that “[t]he text of a brief supporting a motion or response, including footnotes and signatures, may not exceed 20 pages. A party seeking to file a longer brief may apply ex parte in writing setting forth the reasons.” The commentary to this Rule emphasizes that the Rule’s 20-page limit “will be strictly enforced,” and that “[attempts to circumvent the Local Rule in any way may be considered an abusive practice which may result in the motion or response being stricken as well as sanctions being imposed.” See Rainbow Nails Enter., Inc. v. Maybelline, Inc., 93 F.Supp.2d 808, 810 n. 1 (E.D.Mich.2000). In light of Plaintiffs blatant disregard of the local rules of this district, this Court will only consider the first twenty pages of Plaintiffs response brief, and page 31 wherein Plaintiff voluntarily dismisses the defamation claim in his Complaint. B. Plaintiffs Remaining Counts Plaintiffs remaining Counts are as follows: Counts I (Tortious Invasion of Privacy); II (Constitutional Invasion of Privacy); III (Intentional Infliction of Emotional Distress); IV (Negligence); VI (Denial of Due Process); VII (Equal Protection) against the Defendant District; and Defendants Klein, Wells, Teet-aert, and Clein; Count IV (Negligence) against the Defendant District and Defendant Klein; Count IX (Tortious Interference with Contractual Relationships) against Defendant Wells; and Count X (Title IX) against the Defendant District and Defendant Klein. Plaintiff asserts two claims against Defendant Jostens are: Count I (Invasion of Privacy) and Count IV (Negligence). Lower-level officials, employees, and agents such as Defendants Wells, Clein and Teetaert, are immune from tort liability only when they are: (1) acting during the course of their employment and acting, or reasonably believe they are acting, within the scope of their authority; (2) acting in good faith; and (3) performing discretionary, as opposed to ministerial, acts. Eichhorn v. Lamphere Sch. Dist., 166 Mich.App. 527, 538-39, 421 N.W.2d 230 (1988). However, Defendants Wells, Clein and Teetaert are not immune from liability for intentional torts. See Sudul v. City of Hamtramck, 221 Mich.App. 455, 458, 480-481, 562 N.W.2d 478 (1997). 1. Summary Judgment is GRANTED as to the District and Defendant Klein on all Tort Claims Defendants claim that the Defendant District and Defendant Klein are absolutely immune from Plaintiffs state tort claims (Count I — Invasion of Privacy; Count III — Intentional Infliction of Emotional Distress; Count IV — Negligence; and Count X — Negligent Supervision). Defendants are correct. Michigan law provides that “all governmental agencies shall be immune from tort liability in all cases wherein the government agency is engaged in the exercise or discharge of a governmental function.” MCL § 691.1407(1). Michigan courts have construed this provision to afford governmental agencies with immunity from negligence-based as well as intentional torts. Smith v. Department of Public Health, 428 Mich. 540, 410 N.W.2d 749 (1987). Michigan law provides an exception to governmental immunity when the governmental entity engages in a proprietary function. Specifically, Michigan law states in pertinent part: The immunity of the governmental agency shall not apply to actions to recover for bodily injury or property damage arising out of the performance of a proprietary function as defined in this section. Proprietary function shall mean any activity which is conducted primarily for the purpose of producing a pecuniary profit for the governmental agency, excluding, however, any activity normally supported by taxes or fees. MCL § 691.1413. “While labeled an ‘exception,’ the proprietary function exception is actually the antithesis of a governmental function itself. That is, as statutorily defined, the proprietary function exception means that an activity is not a governmental function because the primary motive is to make a profit and is one not normally supported by taxes and fees.” Harris, 219 Mich.App. at 691-92, 558 N.W.2d 225 (emphasis in original). Plaintiff contends that the operation of the yearbook at Grosse Pointe High School is a proprietary function, falling within this exception. Whether a function is governmental or proprietary is a question of law to be decided by the court. See Coleman v. Kootsillas, 456 Mich. 615, 624, 575 N.W.2d 527 (1998) (affirming a remand by the Court of Appeals to the trial court after declaring that a particular function was proprietary in nature). The phrase “governmental function” in M.C.L. § § 691.1407 is to be interpreted broadly, Ross v. Consumers Power, 420 Mich. 567, 618, 363 N.W.2d 641 (1984), and encompasses any activity “which is expressly or impliedly mandated or authorized by constitution, statute, or other law.” Id. at 620, 363 N.W.2d 641; see also Harris v. Univ. of Mich. Bd. of Regents, 219 Mich. App. 679, 684, 558 N.W.2d 225 (1997). In order to determine whether a governmental agency engages in a governmental function, the court must look at the general activity being performed, rather than the specific conduct involved at the time of the tort. See Smith v. Department of Public Health, 428 Mich. 540, 410 N.W.2d 749 (1987). Citing Coleman, Plaintiff argues that the yearbook operation is proprietary in nature because it was conducted primarily for the purpose of producing profit, and cannot normally be supported by taxes. The Coleman court wrote: We previously held that the definition of proprietary function is clear and unambiguous .... Two tests must be satisfied: The activity (1) must be conducted primarily for the purpose of producing a pecuniary profit, and (2) it cannot be normally supported by taxes and fees. In determining whether the agency’s primary purpose is to produce a pecuniary profit, we stated that certain considerations should be taken into account. The first is whether a profit is actually generated. The fact that a governmental agency pursues an activity despite consistent losses may be evidence that the primary purpose is not to make a pecuniary profit, but it is not conclusive evidence. Conversely, the fact that the activity consistently generates a profit may evidence an intent to produce a profit. The second consideration is “where the profit generated by the activity is deposited and how it is spent.” If the profit is deposited in the governmental agency’s general fund or used to finance unrelated functions, this could indicate that the activity at issue was intended to be a general revenue-raising device. If the revenue is used only to pay current and long-range expenses involved in operating the activity, this could indicate that the primary purpose of the activity was not to produce a pecuniary profit. Coleman, 456 Mich. at 621-22, 575 N.W.2d 527. Plaintiff’s Amended Complaint alleges that the yearbook earnings are from sales to students, that the profits go into the school’s general fund, and that the yearbooks are not typically supported by taxes. Defendants have included Exhibit I to show that the yearbook operated at a loss of $10,000 in 1998. Exhibit I further indicates that the yearbook generally produces pecuniary profits, and that the profits are intermingled with the general fund including fees and expenses involving towel fees, child day care, Sadie Hawkins dances, computers, class gifts, and homecoming films. Plaintiff claims that the general activity which Defendants were performing is the publication and distribution of a yearbook. Plaintiff argues that this activity is not a governmental function because the purpose of school is to provide a free public education, which does not include selling yearbooks for profit. In support, Plaintiff relies on the Michigan Constitution, Article 8, §§ 1-2 (providing that “education shall forever be encouraged” and that the “legislature shall maintain and support a system of free ... schools”). Plaintiff also argues that nowhere in the section of Michigan’s Revised School Code which sets forth the powers and duties of the board of education does it state that the board has the power to publish and distribute yearbooks. See M.C.L. §§ 380.1201 et seq. Plaintiff claims that the legislature has specifically prohibited schools from disseminating sexually explicit matters to minors. See M.C.L. §§ 722.6768. Plaintiff insists that if selling yearbooks were a governmental function, then the books would not be subject to a sales tax, citing MAC § R205.74. The Amended Complaint further alleges that the District conducted a proprietary function by selling and profiting from the sale of yearbooks, that the sales and profits go to the District’s and/or School’s general fund, and that the yearbooks are taxable to each purchaser and thus not supported by the property taxes which support the District’s governmental and non-proprietary functions and activities. The Court is not persuaded by Plaintiffs arguments. As Coleman points out, the factors the court lists are merely indicia of a proprietary function. See id. at 621-22, 575 N.W.2d 527. In the instant case, it cannot be reasonably disputed that the primary purpose of the yearbook is to teach the skills associated with its publication. In light of this underlying purpose, this Court concludes that the facts Plaintiff points to do not convert the governmental function of producing a yearbook into one of a proprietary nature. As Defendants noted, daily operation of a public school includes a range of nonacademic activities, such as: providing crossing guards, taking students on field trips, operation of a building trades class, athletic programs, and conducting a homecoming parade, and rely on M.C.L. § § 380.1282 for authorization to produce and distribute yearbooks. Pursuant to § 380.1282 which, among other things, affords the school district the authority to determine the courses of study to be pursued, Grosse Pointe North High School offered a yearbook class that taught students how to organize, publish and distribute a yearbook. In Defendants’ estimation, these facts indicate that operating a yearbook constitutes a governmental function. While nothing in the school code expressly authorizes yearbook sales, Eichhorn instructs that this is not always required. In Eichhorn, the court found that a homecoming parade was a governmental function because, although it was not expressly authorized by statute or law, § 380.1282 authorized school districts to establish and administer programs which were desirable “for the maintenance and improvement of its schools and determine the courses of study to be pursued.” See M.C.L. § 380.1282 (emphasis added). Similarly, the fact that the yearbook has an advisor, shows the school district thought it necessary to the maintenance and improvement of the schools. Given the school board’s ability to determine the courses of study to be pursued, the Court is not willing to declare the production of a yearbook, which is part of a course instituted by the school board, non-governmental. For these reasons, this Court finds that the yearbook operation is not a proprietary function, and the District maintains absolute immunity in this instance. While a finding of governmental function does not foreclose any analysis of the proprietary function exception, “once the governmental function analysis is made and it has been determined that the activity has the indicia of a traditional governmental function, the conclusion is virtually inevitable that the activity in question is not proprietary.” Harris, 219 Mich.App. at 692, 558 N.W.2d 225. This Court is convinced that the specific incident of operating a yearbook is part of the general activity of teaching, which is a governmental function. The yearbook operation is not proprietary in nature. Because Plaintiff is unable to establish that profit was the district’s primary motive in operating its yearbook program or that such an activity is not normally supported by taxes, the Court determines that the operation is a governmental function. See id. Further, Plaintiffs claim of negligent supervision is as to the operation of a public school. Michigan case law informs the Court that such a claim may be properly disposed of by granting summary judgment to Defendant School District on the basis of governmental immunity. See Belmont v. Forest Hills Pub. Schs., 114 Mich. App. 692, 695-96, 319 N.W.2d 386, 388 (1982). Defendants’ Motion for Summary Judgment is GRANTED as to all tort claims against the District. Similarly, M.C.L. § 691.1407(5) states that the “highest appointive executive official” of a level of government is “immune from tort liability for injuries to persons or damages to property if he or she is acting within the scope of his or her judicial, legislative, or executive authority.” Executive officials are also immune from negligence-based as well as intentional torts. Smith v. Department of Public Health, 428 Mich. 540, 410 N.W.2d 749 (1987). Dr. Suzanne Klein, the Superintendent of Grosse Pointe School District, is the District’s “highest appointive executive official.” See Nalepa v. Plymouth-Canton Cmty. Sch. Dist., 207 Mich.App. 580, 590-91, 525 N.W.2d 897, 902 (1994). Because the allegations claimed by Plaintiff against Dr. Klein arise out of her performance of duties within the scope of her employment as the Superintendent, Plaintiffs tort claims against Dr. Klein are barred by M.C.L. § 691.1407(5). See id. 2. Summary Judgment is GRANTED as to Defendants Wells, Teetaert, Clein and Jostens on the Common Intentional Tort Claims a. Common Law Invasion of Privacy Plaintiff also alleges that Defendants Principal Wells, Vice-Principal Teet-aert, and Yearbook Advisor Clein (“Individual Defendants”) are liable for invasion of privacy. Michigan’s governmental immunity statute shields governmental employees for acts of mere negligence. See M.C.L. § 691.1407(2). In Sudul v. City of Hamtramck, 221 Mich.App. 455, 481, 562 N.W.2d 478 (1997), however, the Michigan Court of Appeals “confirmed the common sense proposition that an individual employee’s intentional torts are not shielded by [Michigan’s] governmental immunity statute. This is because a defendant who commits an intentional tort is even more culpable than a defendant who is grossly negligent, and therefore the gross negligence exception in M.C.L. § 691.1407(2) must be read to include intentional conduct.” Hullett v. Smiedendorf, 52 F.Supp.2d 817, 828-29 (W.D.Mich.1999). Therefore, the Individual Defendants, if found to have committed the intentional torts alleged, would not be shielded by Michigan’s governmental immunity statute. Because the Michigan legislature has not defined the rights of privacy, this Court must resort to the common-law cause of action, which protects against four types of invasion of privacy: (1) intrusion upon the plaintiffs seclusion or solitude, or into his private affairs; (2) public disclosure of embarrassing private facts about the plaintiff; (3) publicity which places the plaintiff in a false light in the public eye; and (4) appropriation, for the defendant’s advantage, of the plaintiffs name or likeness. Lansing Assn. of School Adm’rs v. Lansing Sch. Dist Bd. of Educ., 216 Mich. App. 79, 87, 549 N.W.2d 15 (1996), rev’d in part on other grounds, 455 Mich. 285, 565 N.W.2d 650 (1997). Only the first three forms are alleged against the school defendants, while Plaintiff alleges the first two types against Defendant Jostens. i. Intrusion into Seclusion To prevail against the Individual Defendants on his claim of intrusion into seclusion, Plaintiff must establish three elements. Id. First, Plaintiff must demonstrate the existence of a secret and private subject matter. Id. Second, Plaintiff must possess a right to keep that subject matter private. Id. Finally, Plaintiff must show that the Defendant obtained information about that subject matter through some method objectionable to the reasonable person. Id. Defendants argue that Plaintiff has not shown the existence of a secret and private subject matter. This Court disagrees. The image depicted on the picture at issue is of Granger urinating with his genitalia visible in the photo. Both genitalia and urinating, under most circumstances, would be considered “private” and “secret.” See, e.g., Daily Times Democrat v. Graham, 276 Ala. 380, 383, 162 So.2d 474, 477 (1964) (stating that a photo of plaintiffs body “exposed from the waist down with the exception of that portion covered by her ‘panties,’” was not only “embarrassing to one of normal sensibilities, but also “properly classified as obscene.” ”). Granger has presented evidence of the existence of a subject matter that is private, one in which he had the right to keep private. Absent a knowing, consensual waiver, this right to privacy in inviolate. See Doe v. Mills, 212 Mich.App. 73, 87, 536 N.W.2d 824 (1995). Plaintiff also claims that he did not waive his right to privacy. The uncontested facts indicate that the photo was taken by a female classmate during Plaintiffs sophomore year at his Mend’s grandfather’s house after a Sadie Hawkins dance, and that Plaintiff neither encouraged nor expected to be photographed while exposed. Dep. of Daniel Granger, pages 430-32. The facts further indicate that Plaintiff, and a few other students, knew the photo existed, but that it was not “common knowledge” at the school. As Plaintiff testified, it was not “a big enough deal.” Id. at 432, lines 9-18. Plaintiff further testified that he was uncertain as to whether he had ever seen the photo after it was taken but before it was being considered for inclusion in the collage. Id. at 431, lines 21-25. There is no indication that Plaintiff ever attempted to retrieve the photo after is was taken. According to Plaintiff, he did not know that the photo was to be included in the yearbook. For support of his contention, Granger points to the deposition of Jason Aubrey, who, in response to the question of whether the other boys on the page knew that the picture was to be included in the collage, stated: “I’m not too sure about that.” Dep. of Jason Aubrey, page 19, line 15. Aubrey also testified that “Dan knew the picture existed, but he didn’t know it was gonna go in the yearbook.” Id. at 18, line 5. Defendants respond that Granger knew that the picture was being considered for inclusion in the collage. For support, Defendants also cite to the deposition testimony of Jason Aubrey, wherein he was asked whether Granger was part of discussions regarding whether to include the photo and answered, “Yes.” Id. at 18, line 14. A review of the Aubrey’s deposition testimony reveals that Aubrey had considered approximately fifteen different collages before he turned the final copy in for publication. During his deposition, Aubrey was asked several questions regarding Gran-ger’s knowledge of both the existence of the photo and the potential inclusion in the collage: Q. As with respect to this picture, the picture— A. Uh-huh. Q. — I’m referring to is the top left-hand picture. A. Uh-huh, I see it. Q. Was that picture ever part of those fifteen permutation? A. It was talked about before I handed in the final draft, yes. Q. And when it was talked about— A. Uh, huh. Q. — was it talked about in the presence of Dan Granger? A. Dan knew the picture existed, but he did not know that it was gonna go in the yearbook. Q. So when you’re saying you talked about it, was Dan Granger part of those discussions? A. I’m sure he was. Q. So again, when you’re saying you talked about it, were you talking amongst your friends, saying, you know, do you want to put this pic ture in, do you want to put that picture in? A. Yes. Dep. of Jason Aubrey, pages 17-18 (emphasis added). Defendants also point to Aubrey’s testimony to argue that Plaintiff did not object to the inclusion of the photo in the collage. Plaintiff retorts that Defendants have not “shown any law which states that the Plaintiff has a legal duty to object especially when common sense dictates that the picture would not be published.” See Pl.’s Resp. to Grosse Pointe Sch.Dist., Klein, Wells, Teetaert and Clein’s Mot. for Summ.J. at 10 (hereinafter referred to as “Pl.’s Resp.Br. to Sch.Defs.”). Plaintiffs argument might be true if there were some evidence that the boys were essentially joking about the picture’s inclusion in the collage. On the other hand, a reasonable person might have objected at the mere suggestion of the photo’s submission. The Court concludes that the deposition testimony is inconclusive because, when asked whether anyone ever told him not to include the picture, Aubrey never- gave a conclusive answer. If Plaintiff acquiesced in the picture’s inclusion, this would likely constitute a waiver of Plaintiffs right to keep what is generally a “secret and private subject matter” private. Mills, 212 Mich.App. at 87, 536 N.W.2d 824 (stating that a person can waive his right to privacy with knowledge and consent). Whether Granger’s claim of interference with his right to privacy is in fact unreasonable or serious depends on whether he had “in any particular or degree abandoned [the subject matter’s] strictly private character and waived to any extent the right to absolute privacy.” Pallas v. Crowley-Milner & Co., 334 Mich. 282, 285, 54 N.W.2d 595 (1952). This Court finds that, while the subject matter of the photo is undoubtedly a private subject matter that Granger had the right to keep private, controversy exists as to whether Plaintiff waived the private nature of the subject matter by allowing the photo to remain in the general public for two years prior to its publishment in the yearbook. This Court also finds a question of fact regarding whether Plaintiff acquiesced in the photo being included in the yearbook, thereby waiving his right to privacy yet again. Because all parties rely of Aubrey’s equivocal testimony, a triable issue of fact exists as to the credibility of both Aubrey and Plaintiff. See id. at 285-86, 54 N.W.2d 595 (“The testimony in the case warranted submission to the jury of the question of whether plaintiff had cast aside the cloak of privacy of the ordinary, private person ... and thereby waived her right to be free from an invasion of privacy.”); see also Lansing Assn. of School Adm’rs, 216 Mich.App. at 87, 549 N.W.2d 15 (stating that the contours and limits of the right to privacy are to be determined by the trier of fact on a case-by-case basis). Plaintiffs claim must fail, nonetheless, because Plaintiff has not shown that the Defendants obtained the photo through some method objectionable to the reasonable person. It is undisputed that the picture depicting Granger’s genitalia was not taken by Granger but by another student with a camera owned by a third student. Defendant Clein claims that, “to this day, [she has] been unable to determine exactly how that picture came to be included in the yearbook, as it should have been discovered during the editing process.” Aff. of Karen Clein, ¶ 2. Defendant Clein also admits that “[t]he job of editing the yearbook is performed by the students who make up the yearbook staff.” Id. at ¶ 3. It is also undisputed that the photo came to be in the yearbook after Plaintiffs friend, Jason Aubrey, snuck the photograph into the yearbook on the page he and Plaintiff purchased. Because there has been no evidence presented to show that Defendant Clein had any involvement in the acquisition of the photo for inclusion in the yearbook, this Court concludes that Plaintiffs claim of intrusion into seclusion against Defendant Clein fails. Similarly, Plaintiffs claim against Jos-tens must fail because, as Defendant Jos-tens argues, Plaintiff has not demonstrated that Defendant Jostens received the photo via an objectionable means. To support his agency theory of liability, Plaintiff asserts, without authority, that the District and Jostens were “joint venturers.” Plaintiff theorizes that “Defendant’s joint ven-turer, through their yearbook staff, over which they had complete control and supervision, changed the collage, which was submitted and either negligently or intentionally obtained the picture of Plaintiffs genitals.” See Pl.’s Br. in Resp. to Def. Jostens’ Mot. for Summ.J. at 8 (hereinafter referred to as “Pl.’s Resp.Br. to Def. Jostens”). This Court is not persuaded by this argument. Black’s Law Dictionary defines a “joint venture” as “[a] business undertaking by two or more persons engaged in a single defined project.” Black’s Law Dic-tionaey 843 (7th ed.1999). Michigan courts have delineated the elements of a joint venture as being: (a) an agreement indicating an intention to undertake a joint venture; (b) a joint undertaking of (c) a single project for profit; (d) a sharing of profits as well as losses; (e) contribution of skills or property by the parties; (f) community interest and control over the subject matter of the enterprise. Meyers v. Robb, 82 Mich.App. 549, 557, 267 N.W.2d 450, 454 (1978). Plaintiff has adduced no evidence that these elements have been met in the instant case. Defendant District and Defendant Jostens merely agreed that the latter would publish the yearbook that the students of the former would compile; there is no evidence of a joint venture. Plaintiffs intrusion into seclusion claim against Defendant Jostens is DISMISSED. This Court further concludes that the subsequent investigation into the placement of the photo at issue was within the scope of duty of Defendants Teetaert and Wells. While there are allegations of animus toward Plaintiff, there has been no indication that Defendants Wells, Teetaert, or Clein acted in bad faith, that they failed to perform ministerial duties, or that either of these Defendants intentionally allowed the yearbook to be published knowing that it contained the offensive picture. Nor has any evidence been produced demonstrating the conspiracy theory advanced by Plaintiff regarding the allegations of statutory rape. Plaintiff argues that “[t]he police have the authority to conduct a criminal investigation not the school.” See PL’s Resp.Br. to Sch.Defs. at 12. Even viewing the Amended Complaint in a light most favorable to the Plaintiff, he has not shown that the school conducted an improper “criminal investigation.” The allegations merely demonstrate that the school investigated the yearbook incident. The allegations further demonstrate that after being told of sexual conduct allegedly perpetrated by Plaintiff, the school informed the alleged victims’ parents. Finally, the allegations show that the school performed its duty to investigate allegations of peer sexual harassment under Title IX after being informed that Plaintiff had allegedly violated the school’s policy in this regard. See generally Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 119 5.Ct. 1661, 143 L.Ed.2d 839 (1999) (requiring that recipient of federal funds not respond with “deliberate indifference” to allegations of sexual harassment). The Court finds these allegations insufficient to establish a claim for intrusion into seclusion. Accordingly, Plaintiffs claim is also DISMISSED as to Defendants Wells and Teetaert. ii. Public Disclosure of Private Facts To prevail on a claim that Defendants Wells, Teetaert, Clein and Jostens have published private facts, Granger must show that the disclosed information was highly offensive to a reasonable person and of no legitimate concern to the public. Lansing Assn. of School Adm’rs, 216 Mich.App. at 89, 549 N.W.2d 15. In addition, Granger must demonstrate that the publicity concerned his private, as opposed to public, life. Id. Plaintiff argues that the Defendants violated his right of privacy by publishing his genitals in the school’s yearbook. In response to this accusation, the School Defendants argue that “[t]he photograph of plaintiff, while inappropriate for the yearbook, is small in size and content, not easily discovered, [and] is not highly offensive to the reasonable person.” See Br. in Supp. of Sch.Defs.’ Mot. for Summ.J. at 10 (hereinafter referred to as “Sch.Defs.’ Br.”). Defendant Jostens makes a similar argument. See Br. in Supp. of Def. Jostens, Inc.’s Mot. for Summ.J. at 6 (hereinafter referred to as “Def. Jostens’ Br.”). This Court finds that a reasonable person may disagree with this contention. The content of the photo was of Plaintiffs genitals, which may constitute information that is “highly offensive to a reasonable person” in this context. Assuming Plaintiff has not waived the private nature of his genitalia, a publication of private facts may have occurred. Defendants further argue that Plaintiff has not demonstrated that he was embarrassed by the publication of the photo. Because the standard for offensiveness in the context of a publication of private facts suit is objective, the subjective opinion of the alleged victim is not pertinent to this inquiry. See Restatement (Seoond) of ToRts §§ 652D (1976) (tort of publishing private facts). The Restatement of ToRts describes the publicity that gives rise to an action for public disclosure of embarrassing private facts: The rule stated in this Section gives protection only against unreasonable publicity, of a kind highly offensive to the ordinary reasonable man ... It is only when the publicity given to him is such that a reasonable person would feel justified in feeling seriously aggrieved by it, that the cause of action arises. Restatement (Seoond) Torts § 652D, cmt. c. As stated earlier, a photo of an individual’s genitalia, under these circumstances, may be considered offensive to the reasonable person. There has been no showing that Plaintiffs genitalia are a legitimate public interest. Similar to Plaintiffs claim of intrusion into seclusion, however, Plaintiffs instant claim fails because he has not shown a triable issue of material fact as to whether Defendants Wells, Teetaert, Clein or Jostens intentionally disclosed the private fact at issue in this case. As stated above, the undisputed facts indicate that one of Plaintiffs friends, Jason Aubrey, was responsible for sneaking the photo into the yearbook. There is no indication that Aubrey’s actions were in any way advocated by or committed upon the behest of any of the named Defendants. Plaintiffs public disclosure of private facts claim cannot survive summary judgment, iii. False Light In order to maintain an action for false-light invasion of privacy, Plaintiff must show that the Defendants broadcast-ed information that was unreasonable and highly objectionable to the public in general, or to a large number of people, by attributing to him characteristics, conduct, or beliefs that were false and placed Plaintiff in a false position. Porter v. Royal Oak, 214 Mich.App. 478, 487, 542 N.W.2d 905 (1995). Granger must also demonstrate that the contested depiction is untrue to survive summary judgment. Id. There is a question whether the false light theory of invasion of privacy requires a showing of intentional conduct, as opposed to knowledge or reckless conduct. See Travis v. Dreis & Krump Mfg. Co., 453 Mich. 149, 170-171, 551 N.W.2d 132 (1996); Sawabini v. Desenberg, 143 Mich.App. 373, 381 n. 3, 372 N.W.2d 559 (1985). Plaintiff argues that Defendants publicized the letter written by Defendant Wells on June 8, 1998. According to Plaintiff, “[i]t is uncontested that defendants broadcasted that letter to a large number of people, the broadcasting it to the Plaintiffs father, the freshmen girls’ parents,' the University of Michigan, ’48 hours’ news show, and the jury in the civil lawsuit just concluded without objection.” See Pl.’s Resp.Br. to Sch.Defs. at 16. These allegations are, in fact, contested by Defendants. However, even assuming that Plaintiffs allegations are true, Plaintiffs claim fails because he has not demonstrated that the contested statements are untrue. Even if the statements were untrue, Granger has not shown that Defendants either recklessly or intentionally published false information. The letter of June 8, 1998 containing the statements that potentially attributed to Granger’s characteristics, conduct, or beliefs that were false and placed the Plaintiff in a false position also contains statements that demonstrate that the allegations were throughly investigated before being reported to Plaintiff and his father. Defendant Wells prefaced each allegation with comments such as: “I have reviewed the statements of North High School female students who assert ... ”; “One of the students claimed ... ”; “Parents have called me to tell me ... “I have had numerous other calls of complaint about ... ”; “Some of the students who have complained of sexual harassment indicated to me ... and “Based on interviews with North High School students....” See Pl.’s Resp.Br. to Sch.Defs. at. Ex. 7. Such comments demonstrate that Defendant Wells did not recklessly or intentionally publish false reports of inappropriate conduct. To the contrary, the face of the letter reveals a thorough and complete investigation of the allegations. Plaintiff argues that the June 8, 1998, letter “contained nothing but lies.” See Pl.’s Resp.Br. to Sch.Defs. at 16. Such blanket allegations are insufficient to defeat summary judgment. To survive a summary judgment motion on a false light claim, the Plaintiff must demonstrate that the allegations are false. Plaintiff has failed to do so. As such, Plaintiffs false light claim must be dismissed. 3. Summary Judgment is DENIED as to Plaintiffs Constitutional Invasion of Privacy Claim Plaintiff alleges that the Defendant District, Defendants Wells, Klein, Teetaert, Clein, and other administrators of the high school denied him his right to privacy under the Fourteenth Amendment to the United States and Michigan Constitutions, and has asked for compensatory and punitive damages. Specifically, Plaintiff argues that his privacy was infringed upon because: (1) the Defendants published a photograph of Plaintiff with his genitals exposed without his consent; and (2) Defendants conducted an investigation into Plaintiffs sexual relationships. Defendants have not addressed Plaintiffs second contention. As to Plaintiffs first argument, Defendants contend that the constitutional invasion of privacy claim must fail because “there is no general federal common law of torts which alone would entitle plaintiff to damages for alleged invasion of privacy.” See Sch.Defs.’ Br. at 12. Plaintiff responds that “42 U.S.C. § 1983 prescribes Plaintiffs rights to compensatory and punitive damages.” See Pl.’s Resp.Br. to Sch.Defs. at 17. While Plaintiff is correct, his Amended Complaint does not mention § 1983 as the basis for his constitutional claim, and the elements of a § 1983 claim are not discussed in Plaintiffs Response Brief. This Court will nonetheless address Plaintiffs contention. To state a claim under § 1983, Plaintiff must allege that conduct complained of was committed by a person acting under color of state law, and that the conduct deprived Plaintiff of rights, privileges or immunities secured by the United States Constitution or laws of the United States. See Russo v. City of Cincinnati, 953 F.2d 1036, 1042 (6th Cir.1992). Plaintiff must show that: 1) the conduct at issue was under color of state law; 2) the conduct caused a deprivation of constitutional rights; and 3) the deprivation occurred without due process. Nishiyama v. Dickson County, 814 F.2d 277, 279 (6th Cir.1987). Neither Plaintiff nor Defendants address the first and third prongs of a § 1983 claim. Defendants assert an argument against Plaintiffs fulfillment of the second prong, however. Specifically, Defendants argue that Plaintiffs claim of constitutional protection against disclosure of the yearbook photo “extends far beyond activities traditionally afforded constitutional protection as within ‘zones of privacy' created by more specific constitutional guarantees, such as ‘marriage, procreation, contraception, family relationships, and child rearing and education.’” See Sch. Defs.’ Br. at 12. This Court disagrees for the purpose of determining whether Plaintiff has stated a constitutional claim under Fed.R.CivP. 12(b)(6). Citing Bloch v. Ribar, 156 F.3d 673, 683 (6th Cir.1998), the Plaintiff claims this case involves the constitutional right to control the nature and extent of information released about an individual. This principle has been coined an “informational right to privacy.” Id. Not all disclosures of private information will trigger constitutional protection, as the right to informational privacy is impacted only when personal rights deemed “fundamental” or “implicit in the concept of ordered liberty” are involved. Id. at 684 (citing J.P. v. DeSanti, 653 F.2d 1080, 1090 (6th Cir.1981)). Analyzing this type of constitutional claim involves a two step process. DeSanti, 653 F.2d at 1090-91. First, the interest at stake must implicate either a fundamental right or one implicit in the concept of ordered liberty. Second, the government’s interest in disseminating the information must be balanced against the individual’s interest in keeping the information private. Id. While the Sixth Circuit has narrowly construed the right to interests that implicate a fundamental liberty interest, it has stated that “[o]ur sexuality and choices about sex ... are interests of an intimate nature which define significant portions of our personhood. Publically revealing information regarding these interests exposes an aspect of our lives that we regard as highly personal and private.” Bloch, 156 F.3d at 685. Similarly, the public disclosure of a photo of a person’s genitalia “exposes an aspect of our lives that we regard as highly personal and private.” See id. Several courts have recognized the private nature of the genital region, See, e.g., Fortner v. Thomas, 983 F.2d 1024, 1030 (11th Cir.1993) (“recognizing a prisoner’s constitutional right to bodily privacy because most people have a special sense of privacy in their genitals, and involuntary exposure of them in the presence of people of the other sex may be especially demeaning and humiliating”) (internal quotation and citation omitted); Covino v. Patrissi, 967 F.2d 73, 78 (2d Cir.1992) (concluding that “we have little doubt that society is prepared to recognize as reasonable the retention of a limited right of bodily privacy even in the prison context”); Cornwell v. Dahlberg, 963 F.2d 912, 916 (6th Cir.1992) (recognizing that prisoners retain a limited right of privacy in not being subjected to a strip search in front of people of the opposite sex). In Cornwell, the Sixth Circuit noted that “a convicted prisoner maintains some reasonable expectations of privacy while in prison, particularly where those claims are related to forced exposure to strangers of the opposite sex, even though those privacy rights may be less than those enjoyed by non-prisoners.” Id. at 916. The fact that Cornwell was a Fourth Amendment case decided in a criminal context where individuals have less expectation of privacy militates in favor of finding a fundamental right of privacy in preventing government officials from publishing photos of Plaintiffs genitals absent some countervailing purpose. For purposes of determining whether Plaintiff has stated a constitutional claim, the yearbook photograph could be worthy of constitutional shelter as a “private” matter. Plaintiff has stated a constitutional invasion of privacy claim. 4. Summary Judgment is GRANTED as to Plaintiff’s Claim of Intentional Infliction of Emotional Distress Plaintiff next argues that the Defendants are liable for intentional infliction of emotional distress. The Michigan Supreme Court has not expressly declared that the tort of intentional infliction of emotional distress exists. See Smith v. Calvary Christian Church, 462 Mich. 679, 686 n. 7, 614 N.W.2d 590 (2000). Michigan’s lower courts have held, however, that the elements of intentional infliction of emotional distress are: (1) extreme and outrageous conduct; (2) intent or recklessness; (3) causation; and (4) severe emotional distress. Doe v. Mills, 212 Mich. App. 73, 91, 536 N.W.2d 824 (1995). Liability for intentional infliction of emotional distress is proper only where the conduct complained of has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency. Id. Moreover, the conduct must be regarded as atrocious and utterly intolerable in a civilized community. Id. “Liability does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities. It has been said that the case is generally one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, ‘Outrageous!’” Id. (citations omitted). While it is initially for the Court to determine whether the Defendants’ conduct reasonably may be regarded as so extreme and outrageous as to permit recovery, “[w]here reasonable men may differ, it is for the jury, subject to the control of the court, to determine whether, in the particular case, the conduct has been sufficiently extreme and outrageous to result in liability.” Mills, 212 Mich.App. at 92, 536 N.W.2d 824 (citing 1 Restatement Torts, 2d, §§ 46, comment h, p. 77); see also Linebaugh v. Sheraton Michigan Corp., 198 Mich.App. 335, 342-43, 497 N.W.2d 585 (whether conduct is sufficiently outrageous and extreme to render one liable for the intentional infliction of emotional distress is a matter for determination by the trier of fact). Plaintiff states that the intentional infliction of emotional distress count is predicated upon “the criminal investigation by Dr. Wells and her associates, other school defendants.” See Pl.’s Resp.Br. to Sch.Defs. at 20. Plaintiff argues that the Defendants’ investigation into his private sexual life “centered around threats, cajoling, false promises, and lies.” Id. Plaintiff further argues that many students were told that Defendants Wells and Clein would lose their positions at the high school if the students did not tell them everything they knew about the Plaintiffs private life away from the school setting. Plaintiff also alleges that Defendant Wells and Clein threatened many students with a variety of punishments ranging from losing their letterman jackets to expulsion if the students did not share information within their knowledge about Plaintiffs private escapades. In Plaintiffs estimation, “[i]t is clearly ‘Outrageous’ for any school or principal to conduct an investigation in this manner.” Id. Defendants argue that, in light of their “inherent and ... statutory power to maintain order and discipline in the schools and to exclude from the student body those who are detrimental to [it] and whose conduct is inimical to the exercise of the ... scholastic function,” Davis v. Ann Arbor Pub. Schs., 313 F.Supp. 1217, 1225-26 (E.D.Mich.1970), it was reasonable to investigate Plaintiffs alleged violations of the sexual harassment policy after several freshman girls voluntarily came forward with allegations of his sexual misconduct. Moreover, Title IX of the Education Amendments of 1972 requires a school receiving federal funds to respond to known peer harassment in a manner that is not clearly unreasonable. See 20 U.S.C. § 1681; see also Davis as Next Friend of LaShonda D. v. Monroe County Bd. of Educ., 526 U.S. 629, 648-49, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999); Vance v. Spencer County Pub. Sch. Dist., 231 F.3d 253, 260 (6th Cir.2000). These authorities establish not only that the Defendants had a duty to investigate the alleged incidents of sexual harassment but also a duty to respond thereto. Viewing the facts in a light most favorable to the Plaintiff, the method in which the Defendants conducted their investigation might be considered extreme and outrageous. Plaintiff has alleged that the Defendants engaged in an inquisition of sorts with respect to his personal sex life. “Our sexuality and choices about sex ... are interests of an intimate nature which define significant portions of our person-hood.” Bloch, 156 F.3d at 685. This Court concludes that Defendants’ alleged actions of questioning all of Plaintiffs friends about his sex life and threatening them if they did not volunteer information might be regarded as “atrocious and utterly intolerable in a civilized community.” See Mills, 212 Mich.App. at 91, 536 N.W.2d 824. Such conduct involves more than mere insults, indignities, threats, annoyances, or petty oppressions, and might cause an average member of the community, upon learning of Defendants’ conduct, to exclaim, “Outrageous!” See Mills, 212 Mich.App. at 91, 536 N.W.2d 824. Reasonable minds may disagree as to whether Defendants’ conduct was extreme and outrageous. Plaintiff also claims that Defendants conduct was intentional and/or reckless. Defendants respond by correctly noting that Plaintiff “has not produced any evidence ... that the school defendants intentionally or recklessly to cause him severe emotional distress by investigating his [alleged] acts of sexual harassment.” See Sch.Defs.’ Br. at 14. Although Plaintiff claims that Defendants had animus toward him, he has provided no support for this allegation. Plaintiffs subjective assessment is not objective evidence of his allegations. Wade v. Knoxville Utilities Bd., 259 F.3d 452, 463 (6th Cir.2001). Moreover, such conclusory allegations, improbable inferences, and unsupported speculation are insufficient to defeat summary judgment. See Fed.R.Civ.P. 56(e); Penny v. United Parcel Serv., 128 F.3d 408, 415 (6th Cir.1997) (stating that a Plaintiffs own deposition testimony provides little support for his claim). Plaintiffs claim also fails because he cannot demonstrate that he has suffered severe emotional distress. Distress is extreme only to the extent that it is “so severe that no reasonable man could be expected to endure it.” Roberts v. Auto-Owners Ins. Co., 422 Mich. 594, 602, 374 N.W.2d 905 (1985). While Plaintiff asserts that he was and still is “suffering from severe emotional distress as a result of the actions of Defendants in this case,” Aff. of Daniel R. Granger, he has not demonstrated how the investigation caused such distress. As stated earlier, self-serving, con-clusory statements such as this, without more, are insufficient to defeat a motion for summary judgment. See Penny, 128 F.3d at 415; see also Evans v. Technologies Applications & Service Co., 80 F.3d 954, 962 (4th Cir.1996) (stating “summary judgment affidavits cannot be conclusory” and “we generally consider self-serving opinions without objective corroboration not significantly probative”); cf. Mitchell v. Toledo Hospital, 964 F.2d 577, 584 (6th Cir.1992) (holding that conclusory statements are insufficient in summary judgment proceedings). Consequently, Defendants’ motion for summary judgment is granted as to Count III. 5. Summary Judgment is GRANTED as to Plaintiffs Due Process Claim Plaintiff argues that the school denied him procedural due process in suspending Plaintiff from school for five days. Because the Court concludes that Plaintiff has not presented a triable issue of material fact as to this claim, Defendants’ motion for summary judgment as to this claim is GRANTED. The seminal case involving school suspension of students is Goss v. Lopez, 419 U.S. 565, 95 S.Ct. 729, 42 L.Ed.2d 725 (1975). In Goss, the Supreme Court held that, to satisfy due process, before a school may suspend a student who enjoys an entitlement to continuing schooling, it must provide some form of pre-suspension hearing. Id. at 574-75, 95 S.Ct. 729. However, suspension without a prior hearing is allowed under certain circumstances. Picozzi v. Sandalow, 623 F.Supp. 1571, 1578-79 (E.D.Mich.1986) (citing Joseph v. St. Charles Parish School Board, 736 F.2d 1036, 1038 n. 2 (5th Cir.1984) (construing Goss to permit suspension of a tenured teacher without a pre-suspension hearing where “immediate disciplinary action is necessary to prevent further disruption of the educational process.”)). In Goss, the Supreme Court stated that: Students facing temporary suspension have interests qualifying for protection of the Due Process Clause, and due process requires, in connection with a suspension of 10 days or less, that the student be given oral or written notice of the charges against him and, if he denies them, an explanation of the evidence the authorities have and an opportunity to present his side of the story. The Clause requires at least these rudimentary precautions against unfair or mistaken findings of misconduct and arbitrary exclusion from school. There need be no delay between the time ‘notice’ is given and the time of the hearing. In the great majority of cases the disciplinarian may informally discuss the alleged misconduct with the student minutes after it has occurred. We hold only that, in being given an opportunity to explain his version of the facts at this discussion, the student first be told what he is accused of doing and what the basis of the accusation is. Id. at 581-82, 95 S.Ct. 729. In the instant case, Defendants claim that Plaintiff received the protections of procedural due process on June 5, 1998. On this date, Plaintiff was called into assistant principal Teetaerts’s office and allegedly confronted with the charge of violating the sexual harassment policy. Defendants contend that, at the June 5 meeting, “[P]laintiff received both oral and written notice of his 5-day temporary separation and was given an opportunity to respond.” See Sch.Defs.’ Br. at 24. Defendants further contend that during the meeting, Plaintiff was given a letter dated June 5, 1998 explaining the charges against him and advising him of the school’s decision to separate him from school. According to Defendants, attached to the letter was a copy of the school policy on sexual harassment which outline