A judge ruled against a student at St. John’s University, who said the school had unfairly suspended him for sexual misconduct involving a female student in France.
In February, an unnamed plaintiff sued St. John’s, alleging that the disciplinary proceedings at the Collegeville school were unfair and biased towards men accused of sexual harassment.
US District Judge Wilhelmina Wright on Wednesday granted the school’s motion to dismiss the case. The termination was made without prejudice, which means that the plaintiff can try to file a new complaint again.
According to his complaint, the plaintiff’s prosecutor pursued him while they were studying abroad in France in 2019. One night in November of the same year, he drank heavily, and the next day he woke up next to two of his roommates on a “mega-bed” consisting of several mattresses. together on the floor.
Ten days later, St. John informed him that one of the women had accused him of “sexual intercourse without consent.”
Saint John investigated the woman’s complaint, received responses from both sides, and in May 2020 ordered a suspension until 2021 or as long as the woman remained enrolled, whichever comes later.
Wright found that the plaintiff did not provide evidence that he obtained the affirmative consent from his prosecutor, as required by the school’s sexual misconduct policy. He also failed to show how improved disciplinary procedures would lead to a favorable outcome.
And the judge dismissed his suggestion that the school discriminated against men only because in almost all cases of sexual misconduct women blamed men.
The judge also noted that the Title IX rules issued by the Trump administration, which were more friendly to the accused students, did not take effect until the plaintiff was removed from office and should not be applied retroactively.