Falseley Accused Of Rape For Rough Consensual Sex, Student Wins Sexual Assault Court Case Against Virginia University

A former student known as John Doe who was wrongly expelled from George Mason University for engaging in violent but consensual sex has won a federal lawsuit demanding that he be reinstated in the school that drove him out. The suit was filed in an Alexandria district court in Virginia. John Doe will find out when he can go back to school Friday. The judge has barred Doe from suing the school for damages.

According to the Huffington Post, John Doe’s ex-girlfriend had accused him of sexually assaulting her, and he was kicked out. But he had always insisted that it was a consensual relationship where sadomasochism and bondage were allowed. Doe said the school authorities went on to expel him even though the Sexual Misconduct board had pardoned him.

U.S. District Judge T.S. Ellis III said the university authorities showed double standards when they accused Doe of sexual violence in a particular incident but went on to level and punish him for a different set of allegations, catching him off guard and not allowing him to defend himself adequately.

Doe is asking that George Mason University not be permitted to level a new set of disciplinary charges against him. He revealed that the school was already trying to mount another set of accusations that claimed he posed a threat to other students of the public university. GMU spokesman Michael Sandler said that “the case is still active and the court has not issued a final order.” He refused to comment on the disciplinary charges that Doe would face in his next hearing.

Doe has had several issues with school authorities. According to a court affidavit, he has been seen with a knife and a blackjack and was faced with sanctions after disrupting a class. Even when he was told to go home, court documents reveal that Doe continued to live in a dormitory. In 2013, he started a relationship with a female student, where the two engaged regularly in sadomasochistic sex.

According to court documents, on October 27, 2013, Doe and the female student were having one of their violent sex sessions. The female student said she used the safe word “red,” which meant that Doe was to stop. She said Doe continued even after she had used the safe word. In May 2014, the female student reported to GMU police saying that she was sexually assaulted. She also reported the incident to Brent Ericson, the assistant dean of students.

The female student said she did have a relationship with Doe again but that he had continued to harass her. She used a recorded conversation to pursue disciplinary charges against him in August 2014. In September 2014, after a 10-hour sit down, Doe was absolved of all charges. According to the filing of judge Ellis, the female student appealed, and Ericson put himself in charge of the case and found Doe guilty October 10, 2014.

George Mason University holds a week of events dedicated to fighting sexual assault:https://t.co/pBnQ3YZ1jh pic.twitter.com/gih4AzJ94x

— ABC7News (@ABC7News) March 29, 2016

Ellis adjudged that Doe was expelled for previous misconduct and not the sexual charges leveled against him. He said it amounted to a violation of his rights. He said the legal outcome would have been avoided if Doe had been notified that his charges would stem beyond his sexual relationship with the female student.

President of NCHERM Group Brett Sokolow has advised colleges to prepare better when it comes to sexual misconduct cases, stating that he is not aware of any other case in America where a student accused of sexual assault won a judgment against a university.

John Doe’s lawyer said it was indeed a rare occurrence for a college student to win reinstatement after expulsion over sexual misconduct but was quick to implore the judge to stop GMU and other schools from infringing student rights as quickly as possible.

[Image via Shutterstock/Dan Hanscom]