South Dakota and South Carolina
An Augustana University student accused of rape has filed a lawsuit against the Sioux Falls school, claiming it's violating his rights by moving to expel him before he's had a chance to defend himself in court.
On October 24, 2015, Jane Roe sought out John Doe to give him a birthday kiss. Their brief sexual encounter escalated to consensual sexual intercourse. Doe solemnly testified that he asked for consent on multiple occasions throughout the evening with Roe. Although remaining cordial with Doe and proving her clear recollection of events through text conversations, she complained about the incident to friends, who relayed a twisted version of the events to a school official. Despite the consent and the fact that Doe was much more intoxicated than Roe throughout the sexual encounter, the university’s investigative panel found Doe guilty and imposed heavy sanctions. Doe sued the university on seven counts of breach of contract, Title IX discrimination, and due process violations.
Attorney: Nesenoff & Miltenberg LLP