The University of Oregon was sued in federal court this week for allegedly violating the due process rights of a student accused of sexual assault in February 2016.
Filed in the U.S. District Court, the lawsuit argued that the student, identified only as John Doe, was “effectively deprived the right to confront his accuser, to challenge her credibility through meaningful cross-examination, and to present a defense.”
The lawsuit also alleges the school’s investigation of Doe was rife with gender bias, and argues that UO has a “discriminatory and selective way it applies or disregards its policies and procedures to disfavor male accused students.”
Citing the “loss of educational opportunities, economic injuries, and other direct and consequential damages” that Doe incurred as a result of his unfair trial, he seeks damages, lawyers fees, and appropriate monetary relief, according to lawsuit. (RELATED: Columbia Settles Lawsuit with Victim of ‘Mattress Girl’)
Doe was suspended at the conclusion of a Title IX investigation stemming from a sexual assault charge made by a woman who he previously had a sexual relation with, Jane Roe.
Roe, who had just broken up with her ex-boyfriend, sought help from Doe after she drank too much. She was afraid she might inhale her own vomit if she slept alone, and thus asked Doe to watch over her while she slept, according to the lawsuit.
When she arrived, she passed out on his roommate’s bed, and Doe positioned her on her side to protect her from asphyxiation. He then left his room to take a shower, and when he came back, Roe was still sleeping, according to the lawsuit.
But while some might commend him for watching over Roe, instead, he was accused of sexually assaulting Roe while she slept. In a move seen by the plaintiff’s lawyers as a move to inspire “jealousy,” Roe texted her ex-boyfriend while still at Doe’s dorm that she was “almost raped” that night.
Instead of helping her, Roe contends that he “sexually assaulted her by kissing her, putting his hands down her pants, and attempting to touch her vagina through her underwear.” (RELATED: Here’s The Bikini Waxing Law School Exam Question That Is Allegedly Sexual Harassment)
Five days later, Doe was informed of a Title IX complaint brought against him, which the lawsuit argues was investigated in a “biased” manner. The trial itself was biased, too, he argues.
The lawsuit alleges UO violated Doe’s right to due process under the 14th Amendment, since the school failed to give him “any opportunity to cross-examine the complainant or her witnesses” and failed to allow him to hear his accusers testimony.
The lawsuit also alleges OU failed to give Doe the opportunity to respond to all evidence that was brought against him, and that the Title IX investigator dismissed “evidence establishing that John Doe routinely helped others when they were intoxicated.”
Doe is seeking damages and lawyers fees from the school’s Title IX coordinator, the student conduct director, and the former vice president for student life. His lawyer did not respond to a request for comment from The Daily Caller.
The UO Media Relations team forwarded The Daily Caller a statement standing by their employees. “The professionals in our conduct office acted in good faith in carrying out our collective responsibility to protect the safety of the campus. Accordingly, we will address the plaintiff’s allegation in the court proceedings.”
The lawsuit can be read in full here.
