A male Texas A&M University-Kingsville student was expelled after a female student claimed he sexually assaulted her because she was too drunk to consent. The student sued, and a judge just granted a temporary restraining order, setting aside the school’s determination and allowing the student’s lawsuit to move forward.
The male student, referred to in court documents reviewed by The Daily Wire as John Doe, met the female student, who will be referred to as Jane Doe, via Twitter in May 2020. Between May and September of that year, the two messaged regularly and became friends. In July 2020, Jane introduced John to her family, according to John’s lawsuit. Jane’s family apparently assumed the two were having sex, with someone even asking John a sexually explicit question.
Jane regularly drank alcohol, like most college students, so John said he was not surprised she agreed to hang out with him at his place and drink alcohol. To John’s knowledge, all Jane had to drink that night was three Smirnoff Ice’s and a shot of vodka throughout the four-and-a-half-hour period they were together. John says in his lawsuit that the only change he noticed in Jane was that “she was more honest and candid in their conversation.”
According to John’s lawsuit, he at some point “playfully spanked” Jane, who gave him no indication she was uncomfortable. At another point, John placed his hand on Jane’s thigh. She didn’t object, and the two proceeded to have sex on the couch with Jane on top of John. The two then moved into the bedroom, with Jane walking on her own without needing any insistence. John noted in his lawsuit that at no point during their time together did Jane slur her words, struggle to walk, or show any other signs that she was not in her right mind.
The two continued to have sex in the bedroom. Afterward, Jane allegedly went into the bathroom and threw up before calling her friend to pick her up.
John says in his lawsuit that Jane did not appear upset when she left and did not express any issue with their encounter.
Seven months later, Jane reported to Texas A&M that John sexually assaulted her. Before that, she tried to report him to the police department, and the case went before a grand jury, which no-billed the case, meaning they did not find enough evidence to prosecute.
Despite the grand jury finding, Texas A&M plowed
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."