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Expelled freshman sues N.J. college over 'sexual assault that never happened'

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The unnamed student, identified as "John Doe," says university officials "blindly accepted" his accuser's story.

LAWRENCE -- A freshman who was expelled from Rider University for allegedly sexually assaulting a classmate last year is suing the school to clear his name.

The unnamed student, identified as "John Doe," filed a federal lawsuit earlier this month claiming the university kicked him out of school and "blindly accepted" a female classmate's claims he sexually assaulted her in a dorm room in October.

"While John was forced to sit at home, he was subjected to a Title IX disciplinary process that was unabashedly pro-complainant, refused to afford him any semblance of fundamental fairness, and considered him guilty until proven innocent," according to a copy of the Aug. 10 lawsuit posted by the Chronicle of Higher Education.

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Rider officials expelled the student after a campus disciplinary hearing, though Mercer County prosecutors declined to prosecute the sexual assault case, the lawsuit said. John Doe is asking the court to order Rider expunge his academic record and award him an unspecified amount of damages for emotional distress and damage to his reputation.

Rider officials said they could not comment directly on John Doe's lawsuit.

"Rider University is committed to fostering an environment of mutual respect throughout its community as reflected in its mission, policies, and values," said Kristine Brown, a Rider spokeswoman. "Sexual assault, harassment or discrimination of any kind is not acceptable at Rider. While federal law prevents us from discussing individual student's educational or disciplinary records, we are confident that our anti-harassment and non-discrimination policy and processes are fair, equitable and impartial."

The private university in Lawrenceville is currently under federal investigation for how it handles sexual assault and harassment complaints. The federal Office of Civil Rights began its probe April 4 after reports of at least two unrelated sexual assaults on the Rider campus last year.

Neither Rider officials nor campus officials gave any details about the complaint that sparked the federal investigation. It is unclear if the case involving John Doe is related to the investigation.

Monmouth University, Princeton University and Seton Hall University are under similar investigations, according to the Chronicle of Higher Education's Title IX tracker that monitors the federal government's stepped-up efforts to get schools to better address sexual assault complaints.

John Doe's case began in the early morning hours of Oct. 18, 2015, when the freshman from Passaic County was returning to the Rider campus from an off-campus party with a group of friends, according to his lawsuit.

John Doe was the designated driver for his friends and had not been drinking, the lawsuit said. He and a male friend ran into two female freshmen who appeared to be intoxicated in the men's bathroom of his dorm.

The two male students invited the women back to a dorm room, the lawsuit said. John Doe's male friend eventually passed out in his bed and one of the female students left the room. The remaining female student, identified only as Jane Roe in the lawsuit, later claimed John Doe sexually assaulted her and prevented her from leaving the room.

John Doe claimed he did not have sex with the woman during the 20-minute encounter, but she consented to kissing, touching and taking off her clothes, the lawsuit said. Campus security came to the dorm looking for John Doe two hours after the woman left the room and reported an assault.

A panel of three Rider administrators heard from both students at a hearing in December and expelled John Doe, the lawsuit said.

"This rush to believe Jane Roe - a female - to the detriment of John Doe - a male - was fundamentally unfair, but not surprising given the bias Rider exhibited in favor of Jane Roe and against John Doe through the disciplinary process," the lawsuit said.

John Doe appealed the university's decision, but was denied, the lawsuit said.

Since his expulsion, John Doe has "locked himself away in his parents' home," had severe weight fluctuations, experienced emotional breakdowns and sought professional counseling after episodes where his family thought he would hurt himself, the lawsuit said.

John Doe is among several students accused of sexual assault who have sued their colleges or their accusers in recent years. Stanford University, Amherst College, University of Oregon,  University of Colorado at Boulder and University of California at San Diego have all faced lawsuit from students accused of sexual assault.

Kelly Heyboer may be reached at kheyboer@njadvancemedia.com. Follow her on Twitter @KellyHeyboer. Find NJ.com on Facebook.


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