A Tulane University student says he was wrongfully presumed guilty of sexual misconduct and suspended from the school for more than two years.
The student, who is identified only as John Doe, filed the lawsuit in federal court accusing the university of breach of contract and gender discrimination.
According to the complaint, Doe says he and a female student identified only as Jane Roe had a consensual sexual relationship. But after the encounter, Roe accused Doe of sexual assault claiming she was incapacitated and unable to consent.
The plaintiff says evidence contradicted the woman's claims, including witness testimony and text messages. Still, he says he was suspended for two and a half years.
He claims he was presumed guilty without being provided the necessary procedural process under Title IX or Tulane's own Code of Student Conduct.
He also alleges the school denies male students their rights to fair investigations and adjudications of sexual misconduct complaints due to potential negative publicity or an investigation by the Department of Education's Office of Civil Rights.
The plaintiff seeks compensatory damages for Tulane's alleged Title IX violation as well as reversal of the outcome of the investigation into the incident. He also wants his disciplinary record expunged, removal of the notation of expulsion from his transcript as well as removal and destruction of of any records regarding the issue. He also seeks pre-judgment interest, attorney fees, court costs, expenses, disbursements and other relief.