Female Drake U. Student Initiates Sex with Incapacitated Male, Lies About Key Details. Guess Who Got Expelled?
University wouldn't let male fraternity brother file a Title IX complaint against his accuser, because of "retaliation."
This encounter soon came to an endóJohn was too incapacitated to maintain an erectionóand the pair ventured into the house. At this point, their accounts are hazy, confused, and contradictory. John remembered passing out in his bed and Jane telling him she was leaving. Jane remembered collapsing into a bean bag chair and waking up to discover John on top of her, wearing a condom. Her pants were pulled down. She claimed she told him to stop, he did, and she left. (Whether this actually happened is in serious dispute.)
But Jane did not go straight home. She went to another fraternity house, uninvited, and climbed into bed with an unsuspecting person. She "jumped on top of him," and he told her to leave, according to the lawsuit.
She then headed to a different bedroom, removed her shirt, and initiated oral sex on a third person. She spent the night there, and went home in the morning:
John Doe sent Jane Doe a text at 3:00 a.m. to ask if she got home safely, and she responded in the affirmative and added "all good, babe." In fact, she did not go home but was instead at the annex of the fraternity house across the street engaged in sexual activity with a fraternity member.
Who Jane sleeps with is her own business, of course. But these two other encounters are relevant, given that they establish a pattern of behavior. It certainly seems like Jane has a penchant for initiating sexual contact under circumstances that a Title IX officer might label nonconsensual.
The very next day, after piecing together the events of the previous night, Jane and a friend went to the public safety office to report John for sexual assault. She also went to the hospital to obtain a sexual assault examination, but left before any of the tests could be performed. Jane later stated that she doubted herself, asking questions like, "What am I doing?" and "What if I did consent?"