The University of Dayton is facing a lawsuit from an unnamed male student who claims a woman and the university falsely brought a case against him regarding sexual misconduct. STAFF

Ex-football player sues UD, woman about sexual misconduct case

A former University of Dayton football player has sued the school and a woman who accused him of sexual misconduct, which resulted in the player being suspended from the university for two years.

Filing anonymously in Dayton’s U.S. District Court as John Doe, the player claims he was falsely found to have been guilty for what he says was consensual sex on Sept. 4, 2016. Doe was suspended for the 2016-17 and 2017-18 school years.

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The filings names as defendants UD, the anonymously named Jane Roe, the National Center for Higher Education Risk Management (NCHERM) and its managing partner, Dr. Daniel Swinton.

The complaint indicates neither the Montgomery County Prosecutor’s Office nor City of Dayton prosecutors filed charges against Doe.

“A finding of sexual misconduct against a student in academia is the ultimate scarlet red letter for these guys,” said attorney Eric Rosenberg, Doe’s attorney. “I’m aware of at least three suicides by falsely accused students, and I often take calls from suicidal falsely accused students.

“These students can’t get often into community colleges, they can’t get into the military, they’re academically and professionally done, currently.”

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Rosenberg wrote that UD violated Title IX by creating a gender biased hostile environment against males based in part on the school’s pattern and practice of disciplining male students who engage in consensual sexual activity with female students. “This is a really huge problem on college campuses,” he said.

The complaint — which, with exhibits totals 719 pages — said Doe took a polygraph that showed he was telling the truth and that UD did not accept the results as credible.

A message was sent to UD officials seeking comment from the school’s attorneys.

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