A former Virginia Tech University student who was expelled after the university found him responsible for the sexual assault of another student recently won a significant legal battle against the school. The student, known only as John Doe, filed a lawsuit claiming, among other points, that his rights to due process were violated.

A court has recently allowed elements of Doe's lawsuit to move forward. In addition, the court found the school may have violated Doe's due process rights.

The Education Law Team at the LLF Law Firm can help if you find yourself in similar circumstances. While our Student Defense Team can help if you're accused of misconduct, experienced attorneys with our Education Law Team can provide valuable assistance if a university violates your rights. To start discussing your case, contact us through our online form or call our offices at 888-535-3686.

Former Virginia Tech Student Alleges Retaliation

Per reporting on the matter, the facts of the case are as follows:

• According to Doe's lawsuit, he met a female student via a dating app in the fall of 2019. Doe's lawsuit states the two began a consensual relationship shortly after meeting.
• Allegedly, although the relationship didn't last, Doe had a friendly conversation with the woman when bumping into her on campus after the relationship ended. However, Doe, who is Iranian, also alleges the woman made a racist comment about him at an unspecified time.
• The woman asked Virginia Tech administrators to issue a do-not-contact order against Doe on November 20, 2019. The university complied. The woman did not express a desire to continue pursuing the matter at this time.
• The woman contacted school administrators to formally accuse Doe of sexual assault two months later. Per Doe's lawsuit, he didn't learn of the allegation until February 17, 2020, almost a month later.
• Doe received formal charges on February 28. This was the same day he met with the school's Title IX investigator to go over the student conduct process and how it applies to his case.
• Doe continued to discuss the student conduct process with Virginia Tech's assistant director of student conduct. Two days later, Doe learned his hearing was to occur the next day.
• Doe asked that the hearing be rescheduled. He argued that he hadn't been provided with sufficient time to prepare for the hearing. However, citing the fact that he'd learned of his charges on February 17, Virginia Tech refused to change the date.

Not being able to prepare for the hearing had significant implications for Doe. He had to attend his hearing without counsel and didn't have time to coordinate with witnesses who he argues could have provided him with an alibi.

Court Sides With Doe

Doe's lack of preparation may have been a factor that influenced his case's outcome. Virginia Tech expelled him, prompting Doe to file a lawsuit.

Doe's lawsuit makes several allegations. For instance, he states his accuser falsely reported him at the urging of a graduate advisor he'd filed complaints about, suggesting the reports were an act of indirect retaliation.

A court has determined he may proceed with certain components of his lawsuit. This is a win for due process.

However, such wins don't happen in a vacuum. Legal professionals can often play significant roles in these types of cases.

Do you believe your university has violated your rights in some capacity? If so, the Education Law Team at the LLF Law Firm is prepared to help you build a strong case. Get started today by calling us at 888-535-3686 or submitting our online contact form.