Suspension or expulsion after a finding of sexual misconduct in a Title IX investigation can permanently affect a person’s professional opportunities and future. In some cases, students have been successful in enjoining the school from enforcing such disciplinary action pending a lawsuit, but a New Hampshire federal court recently denied a plaintiff’s motion for a preliminary injunction.
According to the court order, the plaintiff and his roommate were fourth-year medical students when the incident occurred. On July 11, 2020, they both fell asleep on the sofa watching a movie after eating and drinking together. According to both men, the plaintiff performed oral sex on the roommate, but the events leading up to that act were in dispute. The roommate alleged that he woke up with his underwear down and the plaintiff caressing him. The plaintiff alleged that he was “blacked out” and the roommate woke him up with his genitals exposed. Neither party filed a complaint immediately after the incident.
Soon after the incident, the plaintiff decided to take an unrelated leave of absence from school.