Student suing PSU over sexual misconduct suspension can keep his name secret, judge rules

WILLIAMSPORT -- A suspended Penn State pre-med student can remain anonymous as he pursues a federal lawsuit in which he claims Penn State favors women  when it comes to adjudicating sexual misconduct cases.

U.S. Middle District Judge Matthew W. Brann Thursday granted the student's request to be identified as John Doe, finding "reasonable fear of severe harm outweighs the public's interest in open judicial proceedings."

The woman who accused the student of sexual misconduct will continue to be identified as Jane Roe, the order states.

The judge also scheduled a hearing next Thursday on Doe's motion for a temporary restraining order and preliminary injunction to stop what he calls "the defendants' wrongful, unfair and discriminatory conduct."

An injunction would allow Doe to attend fall semester classes as a sophomore beginning Aug. 21.

The student, a native of India who was a top student at a California high school, contends that unless he clears his name, he likely won't be able to achieve his dream of becoming a doctor. He also fears he would face the lifelong stigma of being labeled a violent sex offender.

Doe was suspended for the fall semester and banned from on-campus housing after a three-member Title IX panel found he violated the Student Code of Conduct by engaging in nonconsensual activity.

A June 7 report, which is attached to one of the court documents, states the panel found Roe's version of what happened in her dorm room last Sept. 17 more credible than Doe's.

The panel also noted Doe's version was not corroborated by other testimony, and that he'd sent the women a text stating he was "extremely sorry for what I did."

Roe told police, according to the report, Doe had his hand on her leg, and after she pushed it away saying "no," and he moved her clothing aside and penetrated her.

Doe maintains his innocence, claiming the woman made physical advances toward him and that the allegations against him were the result of fabricated text messages.

His sanctions prevent him from continuing in the pre-med program with Thomas Jefferson University as long as Roe is in it.

His suit is against the university, its board of trustees, President Eric J. Barron and three administrators involved in the disciplinary proceedings.

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