Jun Yu v. Idaho State University

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUN YU, No. 20-35582 Plaintiff-Appellant, D.C. No. v. 4:15-cv-00430-REB

IDAHO STATE UNIVERSITY,

Defendant-Appellee. ORDER AND

OPINION

Appeal from the United States District Court for the District of Idaho Ronald E. Bush, Magistrate Judge, Presiding

Argued and Submitted June 7, 2021 Seattle, Washington

Filed October 20, 2021

Before: Ronald M. Gould, Richard R. Clifton, and Eric D. Miller, Circuit Judges.

Order; Opinion by Judge Gould; Concurrence by Judge Miller SUMMARY *

Title VI

The panel filed: (1) an order withdrawing the opinion filed on August 31, 2021, and replacing it with a superseding opinion; and (2) a superseding opinion affirming the district court’s judgment after a bench trial in favor of Idaho State University in an action brought under Title VI by Jun Yu.

Yu, a Chinese international student, alleged that the university intentionally discriminated against him based on his race or national origin when it dismissed him from a doctoral program in clinical psychology. At trial, Yu relied in part on…