"The University of Cincinnati suspended a female student for allegedly engaging in nonconsensual sex with a male student who claimed he was too drunk at the time to approve the encounter.
The fact that this case involves a male accuser ("John Doe") and a female aggressor ("Jane Roe") makes it unusual among Title IX complaints. (Title IX is the federal statute that forbids sex discrimination in schools.)But the female student's lawsuit against Cincinnati—which accuses the university of violating her due process rights—reveals something even odder:
Roe had previously filed a sexual misconduct complaint against one of Doe's friends.
Roe's lawsuit, then, suggests that Doe filed the complaint against Roe as a kind of revenge for getting his friend in trouble. (I have an alternative theory, but I'll save that for the end.)
...Here's an alternative theory: Doe woke up, realized they had engaged in sexual activity while they were both drunk, and feared that she would file a complaint against him, as she had done to his friend.
Panic-stricken, he felt he had no choice but to beat her to the punch.
Indeed, if you suspect you are going to become the subject of a Title IX investigation, the optimal strategy may very well be to file the first complaint.
For reasons not completely clear to me, Title IX administrators often appear biased in favor of the initial complainant, and presume the other party is the wrongdoer."
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