Female Student Said, 'I'm Fine and I Wasn't Raped.' University Investigated, Expelled Boyfriend Anyway.
Colorado State University-Pueblo suspended a male athlete for years after he was found responsible for sexually assaulting a female trainer. But the trainer never accused him of wrongdoing, and said repeatedly that their relationship was consensual. She even stated, unambiguously, "I'm fine and I wasn't raped."
A male student sued the University of Colorado claiming his civil rights were violated after he was found guilty of sexual assault by Boulder campus officials and suspended.
The student claimed he was wrongfully suspended for three semesters after a night of consensual sex.
The University paid the student $15,000 to settle the Title IX Suit.
Attorney Andrew T. Miltenberg, Nesenoff & Miltenberg, LLP.
On the night of October 8, 2014, John Doe and Jane Roe engaged in consensual sex. In the internal university proceedings, administrators violated John Doe’s due process rights on multiple counts: gender bias, improper notice of charges, violation of Title IX and the Fourteenth Amendment, etc. The allegations were brought forth by Jane Roe’s boyfriend six months after the incident, and in support of her boyfriend, Jane Roe turned her back on John Doe. John Doe was dismissed from school on July 22, 2015, soon before John Doe was to start his sophomore year at the university.
Attorney Andrew T. Miltenberg, Nesenoff & Miltenberg, LLP
John Doe met Jane Roe as he was her teaching assistant and tutor for a semester English class. A few months later in August, after an "outside party" [Jane Roe] reported to the university that Doe committed sexual assault against Roe, Doe lost his scholarship as a track athlete, was place on a one-year probation, and was further denied teaching assistant positions. The university violated Doe's due process by "proceeding against him twice on the same allegations, denying him the right to effective counsel, inadequately training and supervising employees, and unfairness in the result-driven investigations and proceedings. Mr. Johnson also states causes of action for malicious prosecution and conspiracy (NCFMC)".
All claims dismissed. Case terminated 1/27/2015.
Attorney: Stross Legal