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Editor’s note: This story includes descriptions of sexual assault.

A Syracuse University student is suing the university after he was suspended for an alleged sexual assault.

The lawsuit, which was filed in Jefferson County Supreme Court on Monday, alleges that SU ignored evidence from the Department of Public Safety and the Syracuse Police Department when it determined that the plaintiff had engaged in non-consensual sex with another student. It also claims SU refused to review evidence of racial bias against the plaintiff.

The student is asking SU to lift the suspension and expunge the incident from his record.

SU does not comment on active litigation, said Sarah Scalese, senior associate vice president for university communications. The university has not filed a response to the lawsuit yet.

The suit dates back to three sexual encounters in September 2019 that the student, identified in the lawsuit only as John Doe, said was consensual.

The University Conduct Board, which arbitrates student conduct proceedings at SU, found that the student who made the sexual assault complaint revoked her consent between the night’s second and third sexual encounters. 

On May 20, the conduct board suspended Doe for two years or until the other student involved in the encounter had graduated from or left SU. Doe also has to submit a personal statement, three character references and evidence of at least 160 hours of community service to be readmitted to SU, letters from the conduct board show.

The lawsuit alleges that the University Conduct Board denied Doe’s requests to present an in-person witness who would have provided evidence regarding racial bias against him by the student filing the complaint. The board also refused to review text messages corroborating the bias, the suit alleges.

The suit also claims that SU overlooked evidence from DPS and SPD that shows the other student did not revoke consent and gave affirmative verbal consent for the third sexual encounter.

The University Conduct Board said in its ruling that Doe “did not ensure that he had continuing affirmative consent to re-initiate the sexual activity after the break in activity.”

The lawsuit called the board’s finding “arbitrary, irrational and unsupported by the record.”

Despite complaints from the plaintiff that SU made procedural failures when it suspended Doe, the University Appeals Board upheld the conduct board’s ruling on July 29.

The student who alleged Doe assaulted her has since left SU and does not intend to return, the lawsuit alleges. Doe’s suspension, which was meant to keep Doe off campus for the duration of the other student’s time at SU, is now “unavailing,” the suit states.

Published on November 23, 2020 at 6:15 pm

Contact Michael: msessa@syr.edu | @MichaelSessa3