SHE ACCUSED Him Of Sex Assault Even Though HE Was Too Incapacitated To Consent. He Was Expelled.
John Doe at Embry-Riddle Aeronautical University (ERAU) is suing after the school expelled him for sexual misconduct even after evidence was presented that showed he was the victim. Doe says in his lawsuit that he informed ERAU that he was too intoxicated to engage in sexual activity and witness statements back him up, yet the school relied on antiquated gender stereotypes about male sexuality to say his claim wasn’t credible.
The lawsuit stems from an encounter between John and Jane in October 2019, following a Halloween party. Prior to the party, John and Jane exchanged text messages for weeks and had gone on several dates. John says he had about 15 alcoholic drinks the night of the incident, and witnesses stated he was “drunk” while others said Jane appeared fine. The two ended up in John’s room and Jane initiated the sexual activity by saying she wanted to kiss him. The two engaged in oral sex and Jane allegedly told John she wanted intercourse. Throughout all of this, John claims Jane never received affirmative consent from him because he was too intoxicated to have given it, according to ERAU’s Sexual Misconduct Policy…In the morning, she overheard John and another student talking about a woman who engaged in sexual activity at the party. John says in his lawsuit that he believes Jane thought she was the one being discussed and didn’t want to be talked about this way. In November 2019, John was told a sexual assault complaint had been lodged against him, and that Jane claimed she was too drunk to consent. When John said that, in fact, he was too drunk to consent, the Title IX Coordinator dismissed his claim, actually suggesting that John wouldn’t have been able to maintain an erection if he were truly intoxicated.
A witness, JD, who said he was a “really close friend” of Jane and a friend of John’s, provided a sworn statement that was given to ERAU. JD said Jane told him she consented to kissing and oral sex. “I feel, like, she’s doing all this because of what she heard that morning thinking that it had to do with her…ultimately, she was okay with them having sex and the only reason she even went as far as she did, as far as calling it rape, was because she didn’t want to be a rumor that somebody had sex with [John Doe]…It just spiraled into this snowball effect and now she has to run with it.”
JD also said Jane told him she consented to kissing and oral sex. Another witness, AC, said in a sworn statement (that was also provided to ERAU) that indicated Jane was “fine” during the party. Another witness, RT, describe Jane as consenting to everything that happened. John was immediately suspended from his athletic team. Jane was not, despite John’s own credible allegation that he was too intoxicated to consent per school policy. John says in his lawsuit that he was told by the Title IX investigator not to file a complaint that he was the victim because ERAU would see it as retaliation against Jane.
In December 2019, John and Jane met with the ERAU chaplain to reach an informal resolution. The process was supposed to be confidential, but John alleges Jane falsely claimed to the Title IX Coordinator that John admitted to raping her. John says he did no such thing. John was informed in January 2020, that Jane wanted to launch a formal investigation against John. When John tried to point out inconsistencies in Jane’s claims while looking over the investigative report he was told he didn’t have to point them out because they were already marked down. Another witness, MD, provided a statement to ERAU saying Jane’s actions in the weeks after the sexual encounter undermined her credibility, yet the school investigator didn’t include this information in the final report.
In March 2020, John was found responsible for sexual misconduct. They deemed Jane “credible,” according to John’s lawsuit, “based on a subjective assessment of Jane Roe’s conduct after engaging in sexual activity with John Doe, including the observation that Jane Roe ‘was angry with [John Doe]…’” They found John had a “lack of credibility,” according to his lawsuit, “based on subjective factors including observations that John Doe ‘appeared more concerned about his own well-being that what [Jane Roe] was going through.’”
John was never allowed to question Jane.
In March 2020, John was found responsible for sexual misconduct. He appealed. John was again found responsible in a letter that read almost exactly as the original finding of responsibility. John is now suing for breach of contract and Title IX violations, requesting economic and emotional damages in excess of $75,000.
dailywire.com-Ashe Schow
