OXFORD, MS (WMC) - A suspended Ole Miss student has filed a federal lawsuit against the university.
The former student claims the university discriminated against him for having sex with another student, who was not suspended.
The former Ole Miss student, known by the pseudonym Andrew Doe, is demanding a trial by jury in this lawsuit against the University.
The male student in the lawsuit said not only are the allegations of sexual misconduct false, but he could not continue his education at the University and it is listed on his educational records.
"It's shocking," attorney Michael Working said.
Working, who has represented clients in some very high-profile cases, said this lawsuit is shocking because of who isn't accusing him of sexual misconduct. Working is not involved in the lawsuit.
"The woman that they alleged to be the victim in this case at every stage of the proceeding repeats throughout that she is not a victim," Working said. "That she was a willing participant."
The lawsuit names the University of Mississippi as well as individuals at the University who handled the investigation.
It said Doe was disciplined for having sex with the female known by the pseudonym, Bethany Roe, while she was under the influence of alcohol.
But Roe was not disciplined for having sex with him while she was drinking. The lawsuit spells out what Doe says happened December 2016 when Roe and Doe, who were both drinking, went to a Christmas party.
The lawsuit says they took a cab to a party and to his apartment where Doe says they had consensual sex.
There are explicit details in the lawsuit about the sex and the things Roe did to initiate the sex. The lawsuit claims Roe never called police, but a friend of a friend did, telling police Roe was taken to Doe's apartment against her will.
Roe never filed a complaint with the university the lawsuit states. In March 2017, a hearing was held that only Roe attended.
"It's shocking that they continue despite every one of her statements and without her willingness to participate, to continue to prosecute the young man and really affect his future," Working said.
Andrew Doe is asking to be reinstated at the University of Mississippi and his academic record expunged of the sexual misconduct. Doe is also asking for an undisclosed amount of money.
We will keep you posted as this case makes it through the courts.
The University had no comment, according to a spokesperson.