Male univ. student expelled after being sexually assaulted

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On the night in question—October 8, 2015—John and Jane met up well after midnight, at Drake's Bakery. Both had been at house parties. John had already consumed a huge amount of beer, multiple shots of whiskey, and Red Bull, according to the lawsuit.

Jane allegedly told university officials that she was also intoxicated, although subsequent investigation suggests she exaggerated her level of drunkenness. She claimed that she tripped on the sidewalk, stumbled over, and fell, though a witness refuted this. She also claimed a bartender served her a drink in between the house party and meeting up with John. But the bartender said that never happened.

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As he testified, John Doe was so intoxicated that he only remembered bits and pieces of the oral sex; he stated he was blacked out for large portions of their time in the parked car, and he did not remember giving consent for the oral sex performed on him by Jane Doe. In fact, John Doe did not remember the oral sex performed on him in the parked car until he returned to the car the next morning looking for his debit card which he discovered had fallen out of his pocket.

In the eventual hearing, Jane Doe admitted to initiating the oral sex on John Doe without his consent. Further, she defined "consent" to be when she initiated the sexual activity. She also stated during the hearing that she felt she was "just giving him what [she thought] he wanted."

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The very next day, after piecing together the events of the previous night, Jane and a friend went to the public safety office to report John for sexual assault. She also went to the hospital to obtain a sexual assault examination, but left before any of the tests could be performed. Jane later stated that she doubted herself, asking questions like, "What am I doing?" and "What if I did consent?"

The Title IX investigation included all the familiar, horrifyingly unfair elements typical of these cases. Two officials, Mary Howell Sirna and Tricia McKinney, were tasked with handling the investigation. They decided which witnesses to interview, and—according to John—failed to interview people whose testimony would have helped John.

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Despite Jane's numerous factual misstatements, and her testimony that she had initiated nonconsensual oral sex with John, John was expelled. His suit against Drake alleges breach of contract, negligent infliction of emotional stress, and discrimination on the basis of sex. His lawyer is Andrew Miltenberg, who also represents Grant Neal—the Colorado State University-Pueblo student expelled for sexual assault even though his girlfriend said, "I'm fine and I wasn't raped"—and several other college students who were mistreated by the Title IX process.

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