John Doe claims that twice, he had consensual sex with a student identified in the lawsuit as Jane Doe. The first encounter occurred in his room at the Pi Kappa Phi fraternity house where they went after an off-campus party on Feb. 8. Both had been drinking, he said.
He claims they sat on chairs in his room and talked for about an hour. He said Jane Doe then said that while she doesn’t usually have sex with a man when she first meets him, she found him very interesting. He said she moved toward him, initiated kissing, took off her clothes except for her underwear and got into bed with him. He said at no point did she say she did not want to have sex.
He claims she spent the night, that he contacted her later through Facebook and that they had sex again in early March. He said she told her friends she had a good time. But at a Pi Kappa Phi St. Patrick’s Day party a few weeks later, Jane Doe left when she saw him kissing another woman, who is now his girlfriend.
It wasn’t until July that Jane Doe told a friend that she was sexually assaulted, the lawsuit claims. Then in October, Jane Doe, as a member of a student organization against sexual assault called SPEAK, attended a presentation by W&L Title IX officer Lauren Kozak. According to the lawsuit, Kozak shared an article,
“Is it possible that there is something in between consensual sex and rape … and that it happens to almost every girl out there?”
The article talks about alcohol-fueled sex in which the woman later regrets the encounter.
“Ms. Kozak introduced and discussed the article with the members of SPEAK to make her point that ‘regret equals rape,’ and went on to state her belief that this point was a new idea everyone is starting to agree with,” the lawsuit contends.
Five days after the presentation, Jane Doe reported to Kozak she was sexually assaulted but indicated she did not want to pursue a complaint, the lawsuit said.
By the end of October, Jane Doe changed her mind once she learned that both she and John Doe had been accepted into a program to study in Nepal for a semester, the lawsuit states.
