Bernstein, Miltenberg: Federal Appeals Court Revives Former DU Student’s Claim That Anti-Male Bias Led to His Expulsion

A federal appeals court has given new life to a lawsuit filed by an undergraduate student who argues he was expelled from the University of Denver because of anti-male bias in the investigation of a sexual assault allegation against him. The 10th Circuit Court of Appeals decision Tuesday sends the case back to Colorado’s federal district court, which originally rejected the legal action, for further consideration. The lawsuit was filed by the student anonymously under the pseudonym John Doe. “Viewing the evidence in the light most favorable to John, we are satisfied that a reasonable jury could find that John’s sex was a motivating factor in the university’s decision to expel him,” three judges on the 10th Circuit Court of Appeals wrote in a 30-page ruling written by Chief Judge Timothy Tymkovich, appointed to the bench by President George W. Bush. The other judges who heard the case were Senior Judge Bobby R. Baldock, an appointee of President Ronald Reagan, and Judge Gregory A. Phillips, an appointee of President Barack Obama. “He is very happy to have his day in court,” said Stuart Bernstein, one of John Doe’s attorneys from the New York-based law firm Nesenoff & Miltenberg.

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