Lexington university refutes allegation that it mishandled sex misconduct investigation
A male student who sued Transylvania University earlier this week over how it handled a sexual misconduct investigation against him was actually the target of two investigations, according to a response filed Wednesday by the university.
Attorneys for the male student, identified only as John Doe, filed the lawsuit in federal court on Monday accusing Transylvania of kicking him out of his dorm and moving him into a “moldy” apartment without giving him due process in the investigation.
Doe’s lawsuit said that he was wrongly accused by a female student of unwanted kissing and touching in his dorm room. The lawsuit denied the allegations, pointing to alleged discrepancies between her story and that of a witness and video evidence. The names of the students involved were not released.
In Transylvania’s response to Doe’s motion to halt an upcoming student disciplinary hearing in the sexual misconduct case, the university accused the student and his attorneys of misrepresenting the investigation.
The university also accused Doe and his attorneys of using the federal lawsuit to obtain evidence that would be used against him in the hearing.
“His intent is not for purposes of litigating his Title IX claim, but rather for use in the student disciplinary proceeding he seeks to avoid,” the university’s attorneys wrote in the response.
The university also provided more information about the female student’s account of the encounter in December.
The university learned about the allegations through a residential adviser, according to the court records. The female student then told the university that she wanted an investigation.
In his lawsuit, Doe alleged that the female student returned to his dorm with him after a party. He said that she kissed him without consent, according to the lawsuit.
The university said that the female student had helped Doe back to his dorm room because he was intoxicated. Once in the room, she turned to get her phone and turned back to find Doe undressed, according to the response.
The female student said he forcefully kissed, bit and tried to undress her, according to the Transylvania.
Doe’s lawsuit accused Transylvania of discrimination, alleging that the female student’s allegation was investigated more thoroughly than his because he is a man.
Doe also alleged that he was kicked out of his dorm and placed in “solitary confinement” in an apartment without amenities like internet or laundry. He was told he couldn’t have visitors without approval from the Title IX office, according to his lawsuit.
The actions were taken based on a “meritless allegation, and without providing Doe any due process,” his lawsuit claimed.
In its response, the university said that those interim sanctions against Doe were put in place because he was, at that time, the subject of two sexual misconduct investigations. Further details about the other investigation weren’t provided.
“Contrary to plaintiff’s attempt to paint this accommodation in a poor light, these single-living spaces are reserved for upperclassmen only and are in high demand as, unlike standard dorm rooms where plaintiff had been housed, they have a full kitchen,” according to the university’s response.
In the court records, Transylvania University said it not surprising that that Doe’s story of what happened differed from that of the female student. The purpose of the disciplinary hearing is to hear both sides and come to a conclusion.
“It is left to a University hearing panel to hear from them (and other witnesses) about the dispute over what happened that night in his dorm room, evaluate the evidence, and deliberate as to whether John Doe violated university policy,” the university’s attorneys wrote.
This story was originally published April 10, 2020 at 8:13 AM.
