A student who was expelled from Columbia University after a disciplinary board found him guilty of sexual assault is now suing the Ivy League institution and arguing he could not have committed the offense because he too was raped that night.
The young man, named as John Doe in a court filing submitted in New York Superior Court earlier this week, claims to have blacked out on the night of the alleged offense after downing seven beers in 45 minutes.
The next thing he remembers is waking up in another woman's bed dressed in only his underwear.
Doe states in the court documents he considered reporting the incident after leaving the woman's room in the early morning hours of December 13, believing that he had not been capable of giving consent on the night in question.
His father urged him not to, and the following day he spoke with a mutual friend of the woman about what transpired that evening.
Then, two weeks after the encounter he learned that the woman was accusing him of sexual assault, prompting him to file a notice with the college accusing her of the same offense.
Doe ultimately lost that review, and as a result was expelled just weeks after he was set graduate from the school.
He was also informed that he would never be able to collect a diploma from the university after spending what he estimated to be $250,000 on his education.
Now, he wants those decisions reversed, his diploma handed over and monetary damages to make up for the losses he suffered as a result of the college’s ruling.
The petition states that Doe began to recall brief moments from the night over time however, which he used to mount his defense against the university,
‘Petitioner has no memory of what occurred in the living room after he returned to the living room. His next memory is Complainant leading him to her bedroom,’ reads the heart of the complaint,
‘Upon entering the bedroom, Petitioner believes Complainant initiated physical contact by kissing him. Petitioner is unclear as to how he got undressed in his heavily intoxicated state, but he believes he had help from the Complainant in removing his clothes.'
The filing gets on to explain: ‘Petitioner had a flash of memory where Complainant was on the bed, opened her legs and scooted back to indicate that she wanted oral sex. Petitioner does not recall whether there was any discussion regarding this event.
‘Petitioner's next memory is Complainant retrieving a condom from somewhere in the room but has no memory of any discussion with Complainant about condom usage.'
An investigation kicked off soon after, one that Doe and his attorneys claim was biased because of his gender.