WASHINGTON (CN) - A student claims George Washington University discriminated against him because of his sex and denied him due process by siding with a student who claimed he sexually assaulted her. The male student claims the college ignored the eyewitness accounts of his three roommates who were in the room when the sexual encounter took place.
John Doe claims the university, through its disciplinary process, discriminated against him by failing to define sexual assault, failing to interview key witnesses, failing to collect evidence and denying him access to his own disciplinary hearing.
"George Washington University, in the manner in which it approaches the investigation, adjudication, and appeal of allegations of sexual assault, creates an environment in which the accused is so fundamentally denied due process as to be virtually assured of a finding of guilt. Such a biased and one-sided process deprives male students of educational opportunities on the basis of their sex," the student says.
In a classic tale of he-said she-said, the student says his 5 a.m. consensual tryst with a female student involved alcohol and flirting. He says his three male roommates "noticed that Jane Roe had stood and stripped down to her bra and underwear, before getting into John Doe's bed. The roommates sent each other a text message, even though they were all in the same room, noting that they were in an awkward position, because the woman that their roommate had brought back to their dorm room had just removed her clothing. The roommates discussed that they would do 'if they start having sex.' One roommate proposed that he would 'face the wall and ignore this.' The roommates ultimately decided to shut off the lights and go to sleep," according to the complaint.
Doe say that Roe "woke up and began kissing" him at about 5 a.m. "She then rolled over and removed her underwear and positioned herself in a way to indicate that she wanted to have sex," the complaint states.
So they did, then slept again until around 9 a.m., Doe says. He says she "gave him a hug before leaving."
But Doe says Roe later told a campus police officer that she had awakened to find him having sex with her without her consent.
Doe says the university failed to interview his roommates, or a friend who had seen the couple flirting earlier in the evening.
The "incomplete, one-sided and conclusory investigation" resulted in the university bringing disciplinary charges for sexual assault, disorderly conduct charges and an alcohol violation, Doe says.
He says the school suspended him for a year, evicted him from his dorm and told him he would lose his tuition and academic credits for the entire semester.
Doe sued the school for breach of contract, negligence, infliction of emotional distress and Title IX violations. He seeks $1 million in compensatory damages, $5 million in punitive damages and an injunction reversing his suspension.
He is represented by Gregory Smith.
Jane Roe is not named as a defendant.
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