UO student suspended for sex assault sues

Lawsuit claims accuser made up allegations 'to garner sympathy from ex-boyfriend'

A building at the University of Oregon. (Facebook)

EUGENE, Ore. (KOIN) – The University of Oregon is being sued by a student who was suspended as a result of a sex assault investigation.

The student’s name is hidden using the pseudonym of “John Doe” in the lawsuit to protect his identity.

According to the lawsuit, “Doe” was accused of sexual assault by a female student. The accuser is not identified in the court documents. Doe maintained that the allegations against him were false and reportedly passed four polygraph exams.

The lawsuit names the university, Sandy Weintraub, the Director of Student Conduct & Community Standards, Carol Millie, the University’s designated representative, or “decision-maker,” responsible for investigating and adjudicating allegations of student sexual misconduct, and  Robin Holmes, the Vice President for Student Life at the University, who has since become the Vice President for Student Affairs at the University of California. Millie is currently the Senior Equal Opportunity Specialist.

“After a biased investigation,” according to the lawsuit, the University suspended Doe for one year. The University’s appeals board maintained the decision.

Doe requested a review in Lane County Circuit Court, which found the University had “violated several of its policies and procedures during the adjudication of the alleged disciplinary actions.” The state court ordered the University to overturn Doe’s suspension and ordered they not pursue any further disciplinary action against him.

The lawsuit maintains that the 2015 sexual activity between Doe and the female student was consensual.

Feb. 11, 2016 – Doe and the female student met for coffee and take a walk. The female student’s new boyfriend had recently broken up with her.
Feb. 12, 2016 – The female student contacted Doe, who lived in the same dorm complex because she was highly intoxicated and asked Doe to watch over her. The female student went to Doe’s dorm and fell asleep in Doe’s roommate’s bed. After some time, Doe fell asleep in a lounge downstairs.
Feb. 13, 2016 – Doe returns to his dorm room around 3:30 a.m. and falls asleep in his own bed, while the female student is still asleep in his roommate’s bed. When he woke up several hours later, the female student was gone.
Feb. 16 – Female student files complaint with the University.
Feb. 18, 2016 – The University notified Doe that the female student had filed a complaint of sexual misconduct against him. The University also files an order to have Doe removed from the dorm complex.
Feb. 23, 2016 – Accuser is interviewed by the University.
April 6, 2016 – Accuser is interviewed by the University again.
April 15, 2016 – A preliminary hearing is held in the case. University rules state that preliminary hearings are to be held within two days of the initial complaint.
April 18, 2016 – The University upholds the decision to force Doe from his dorm.

According to the accuser’s version of the incident in question, Doe “pulled her onto the floor and on top of him. He then sexually assaulted her by kissing her, putting his hands down her pants and attempting to touch her vagina through her underwear.”

The accuser claimed that right after the alleged attack she took a shower and texted her ex-boyfriend  “Just for documentation, can you make it known I was almost raped tonight?” The message was reportedly sent at 3:24 a.m.

It was later learned that the female student falsely reported that she and Doe exchanged text messages the morning after the alleged attack in which Doe apologized. The female student “could not produce the original iMessages,” according to the lawsuit. Doe and his attorneys believe that the female student may have created fake messages to bolster her claims.

According to the lawsuit, the female student made up the allegations “to garner sympathy and attention from her ex-boyfriend.”

Even with the apparent inconsistencies in the female student’s story of what occurred, Millie ruled in favor of the accuser, according to court documents.

Millie, according to the lawsuit, “acted simultaneously as investigator, prosecutor, judge, and jury.”

No criminal charges have been filed against Doe.

Neither Millie nor the University have responded to requests for comment

The story was first reported by the UO Daily Emerald newspaper.