As Professor Glenn Reynolds once noted, litigating on behalf of young men falsely accused of rape is a lawyer’s ticket to fast jets and super-models.

A day after Rolling Stone published an article describing a brutal gang rape at a University of Virginia fraternity house, a former Washington and Lee student claims he was expelled for having consensual sex with another student who eight months later regretted the encounter and claimed rape.

The former W&L student has filed a federal lawsuit claiming the private Lexington university discriminated against him because he is a male, and because it wanted to avoid the negative public scrutiny that UVa was experiencing. Moreover, the student, identified as John Doe in the lawsuit, contends W&L’s Title IX officer advocates to female students that “regret equals rape.”

“W&L has created an environment where an accused male student is fundamentally denied due process by being prosecuted through the conduct process under a presumption of guilt. Such a one-sided process deprived Plaintiff, as a male student, of educational opportunities at W&L on the basis of his sex,” John Doe claims in the lawsuit.

W&L spokesman Brian Eckert said, “We don’t feel it is appropriate to discuss the specifics of a legal proceeding, but we’re confident that we correctly follow our established university policies and procedures, as well as federal mandates. We’re committed to treating all students fairly and maintaining a safe environment on our campus.”

John Doe claims that twice, he had consensual sex with a student identified in the lawsuit as Jane Doe. The first encounter occurred in his room at the Pi Kappa Phi fraternity house where they went after an off-campus party on Feb. 8. Both had been drinking, he said.

…It wasn’t until July that Jane Doe told a friend that she was sexually assaulted, the lawsuit claims. Then in October, Jane Doe, as a member of a student organization against sexual assault called SPEAK, attended a presentation by W&L Title IX officer Lauren Kozak. According to the lawsuit, Kozak shared an article, “Is it possible that there is something in between consensual sex and rape … and that it happens to almost every girl out there?”

The article talks about alcohol-fueled sex in which the woman later regrets the encounter.


 
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