Appeals Court Denies Oberlin College Rehearing, Expelled Male Student Discrimination Case Moves Forward

William Jacobson:

The District Court threw out the lawsuit, but it was reinstated by a panel in the Sixth Circuit in a 2-1 opinion. We explained the background and appeals court decision in Oberlin College loses appeal in suit by expelled male student, case reinstated:

To refresh your memory, John Doe No. 1’s case involved whether a female student gave “consent” as defined by Oberlin College to what on the surface was a consensual sexual encounter, as I wrote in December 2017, Lawsuit: Oberlin College sexual assault hearing process rigged, 100% conviction rate.

John Doe No. 1 had his case dismissed in the federal district court on legal grounds, despite the judge finding there was reason to doubt the result, as I wrote in April 2019, Male student lawsuit against Oberlin College dismissed despite possibly flawed sexual assault disciplinary decision.The appeal was argued in December 2019, Cautious optimism for expelled Oberlin College male student after appellate argument.

The 6th Circuit just issued its Opinion (pdf.), reversing the dismissal and reinstating the case. In so doing, the court excoriated Obelin College’s alleged misconduct (which the court had to accept as true at this procedural stage)….