Former Cleveland Institute of Music Professor Withdraws Federal Title IX Lawsuit Against School, Will Make Similar Claims in State Court

Carlos Kalmar, the former Principal Conductor at the Cleveland Institute of Music who in February this year filed a $25 million federal lawsuit against the school contending he was the victim of defamation and wrongful termination following a Title IX investigation that cleared him of all sexual misconduct allegations, has withdrawn the suit from federal court but will soon refile a similar one in state court.

"It's just a function of which claims to pursue, whether they're federal or state," his lawyer Nicholas DiCello told Scene. "There were some proceedings in federal court and ultimately we decided to puruse them in state court. We feel they're more properly state law claims. Title IX is a pretty nuanced federal statute. We expect to file soon."

CIM has experienced a turbulent couple of years , and Kalmar was at the center of much of the turmoil.

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In 2023, CIM's former Title IX coordinator Vivian Scott sent an email to students naming Kalmar as the subject of a Title IX inquiry based on an anonymous response in a course evaluation she had come across. While there was no formal complaint lodged, she asked anyone with information or experiences to share to come forward.

Despite being cleared in the ensuing investigation, the original lawsuit contends, Kalmar was placed on administrative leave with little explanation, faced personal and professional repurcussions, and was forced out of his job following student protests and a petition calling for his resignation.

"The school placated and surrendered to the misinformed and misled mob,” the original lawsuit claimed.

"The nature of the wrongful conduct as we've alleged is the same," DiCello told Scene. "It's primarily the wrongful disclosure of his name in connection with the Title IX investigation. There's a duty under Title IX to maintain confidentiality and that was clearly violated. I don't think there's any dispute there. But we're foregoing that claim for a number of reasons dealing with the specific nuances of Title IX jurisprudence. But I would say the story that's told in the complaint, none of that changes when we refile."

CIM doesn't comment on pending litigation but has previously said it would "vigorously defend itself against the allegations."

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