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A former student sues Ohio University claiming his expulsion was based on a flawed investigation
By: David Forster
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ATHENS, Ohio (WOUB) — A former Ohio University basketball player is suing the university, arguing its decision to expel him was based on a flawed investigation into allegations he abused his girlfriend.
The player and his now ex-girlfriend are not named in the lawsuit and instead are referred to as John Doe and Jane Roe.
The lawsuit was filed two weeks ago in federal court.
According to the lawsuit, John confronted Jane in her apartment bedroom one night in September 2023 over his suspicion she was cheating on him. The two argued then spent the night together, and the next morning John left.
The university’s Title IX office, which handles civil rights complaints, including allegations of dating violence, launched an investigation. This led to John’s expulsion in February 2024.
Investigators interviewed Jane’s roommates, at least one of whom was in the apartment the night of the confrontation, according to the lawsuit.
The roommates “testified that they did not hear anything of concern, nor did they hear what Ms. Roe alleged to be a violent and presumably loud altercation,” according to the lawsuit.
Following an investigation, a hearing was scheduled, at which Jane was to testify first, followed by John and then witnesses. This order, according to the lawsuit, “is consistent with Title IX and Sexual Misconduct procedures across the country.”
Days before the hearing, Jane told her university appointed adviser “she no longer wished to participate in the grievance process,” according to the lawsuit.
Jane did not show up at the hearing, so John went first. During his testimony, he was presented with photos provided by Jane showing marks on her body and hair that she alleged were caused by John. He denied this.
After John’s testimony, the second witness to testify joined via Zoom. Seated next to her was Jane; the two were on a bus headed to a track meet, according to the lawsuit.
Investigators said this was improper and had the witness give her testimony from the bus bathroom, according to the lawsuit.
Jane’s mother testified next, followed by two more witnesses. All three acknowledged they were texting with Jane during their testimony, the lawsuit alleges. This violated hearing protocols, but investigators did not seek to review any of these communications, according to the lawsuit.
At some point, Jane asked that she be allowed to testify, and this was scheduled for another day. “Ms. Roe intentionally avoided her scheduled testimony in an attempt to manipulate the grievance procedure,” the lawsuit alleges. “Specifically, Ms. Roe did not want to testify first. Rather, Ms. Roe wanted to hear the testimony of Plaintiff and her witnesses, whom she coached, before testifying herself.”
By allowing this, investigators violated university procedures and unfairly prejudiced John, the lawsuit alleges.
In the decision finding John culpable, investigators noted they found Jane’s testimony and that of the witnesses credible because they corroborated one another, according to the lawsuit.
The decision also noted that John was unable to provide an alternative explanation for the photos showing Jane’s injuries. This shifted the burden to John to essentially prove his innocence, another procedural violation, the lawsuit alleges.
“All of the University officials involved in this matter started with a presumption that Plaintiff was responsible,” the lawsuit alleges.
John wants the court to order the university to reverse its decision in the case and remove any reference to it and his dismissal from his education record. He’s also seeking compensation for damage to his reputation, loss of educational opportunities and loss of career opportunities.
WOUB reached out to the university for comment. A spokesperson replied it’s the university’s standard practice not to comment on pending litigation.