Colleges and universities have experienced pressure from multiple sources to address sexual assault issues. Unfortunately, in some cases, they have responded in ways that deny a fair process to the accused student. A recent case shows that a university’s actions in response to such pressure may support a Title IX claim by an accused male student. If you face Title IX charges, the Seattle defense attorneys at our firm can help you fight for your rights.
A male student challenged the dismissal of his Title IX suit arising from the university’s handling of a sexual assault complaint against him. Because the appeal was from a motion to dismiss, the facts considered by the Eighth Circuit were those alleged in the plaintiff’s complaint.
A female student, referred to as “Jane Roe,” accused the plaintiff of sexual assault during his senior year. Following a Title IX investigation, the university’s Title IX Coordinator concluded the evidence did not show the plaintiff had violated university policy. He found sexual contact had occurred, but there was insufficient evidence to show Roe was incapacitated due to intoxication.