ASHE SCHOW: Judge Reconsiders Dismissal of Accused Student’s Equal Protection Claim.

The accused student in this case, John Doe, had met his eventual accuser, Jane Roe (as they are referred to in court documents), while John was a student at OSU and worked as a registered nurse at the school’s Wexner Medical Center (WMC) in 2012. They dated through 2014, during which time Jane (by her own admission) initiated much of the sexual contact. It was John who ended the relationship after Jane told him she loved him but he did not want a committed relationship. Seven months after they broke up, Jane accused John of sexually assaulting her on their last date, November 20, 2014. John was found responsible and expelled from the university and fired from the WMC.

John sued, but his case was dismissed on March 10, 2017. He petitioned for reconsideration after the Sixth Circuit decision and was granted a reversal on just one claim — equal protection.

“Plaintiff is now arguing that the Defendants … violated the equal protection clause when they initiated and disciplined Plaintiff, but not Jane Doe despite receiving information from Plaintiff that she may have also violated OSU’s sexual misconduct policy,” Judge Smith wrote.

“Out of an abundance of caution and based on the analysis of the Sixth Circuit in Miami Univ., the Court reverses its finding on Plaintiff’s equal protection claim and reinstates that claim as to Defendants. …” Smith added.

More like this, please.