Miltenberg: “Judge Upholds Male Student’s Bias Lawsuit Against Colgate Over Sex Assault Probe,” Syracuse

A federal judge has upheld a male student’s lawsuit against Colgate University alleging that his rights were violated in a campus sexual misconduct investigation that resulted in his expulsion. The lawsuit is one of dozens filed against colleges in recent years complaining of reverse discrimination and unfair disciplinary proceedings against male students accused of sexual assault and harassment. Attorney Andrew Miltenberg, who has represented many of the male students, said the Colgate case will be the first of its kind to proceed to a trial unless the college reaches a settlement. A spokesman for Colgate University said the college won’t comment on ongoing litigation. The male student, identified by the pseudonym “John Doe,” was accused by a female student of having sex with her against her will in his dorm room in October 2016. He claimed the two had consensual sex. The female student filed a complaint with campus security in March 2017 and an investigation was launched. A campus hearing panel found Doe was not responsible for three charges of non-consensual sexual contact but was responsible for a fourth charge because the woman was asleep at that time and thus unable to consent. The panel decided to sanction Doe by expelling him. He later filed a lawsuit alleging he was denied his rights to an impartial hearing and due process in an investigation biased against males. He was not criminally charged. “This was a sham investigation with only one purpose — to find my client guilty and remove him from campus,” Miltenberg said in a statement Thursday.

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