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Court records say University of Mississippi students Andrew Doe and Bethany Roe were both intoxicated that December night in 2016.
Doe and Roe, their court pseudonymsto protect their identities, agree they had sexual intercourse.
According to court records, Doe said Ole Miss disciplined him for having sex with the woman while she was under the influence of alcohol, but she wasn’t disciplined for having sex with him while he was under the influence.
Now, a settlement agreement Doe reached with Roe could be used against him in his gender bias lawsuit against the university if a federal judge allows university attorneys to get their hands on the agreement or view the document.
Federal Judge Dan Jordan has yet to rule on motions to prevent Ole Miss from obtaining the settlement agreement.
Doe maintains that the encounter with Roe was consensual, but Roe’s friends called law enforcement and reported the incident as a sexual assault. Roe underwent an examination at the hospital that evening. A representative of the University’s Title IX Office appeared at the hospital and opened an investigation into the incident.
Doe said he was originally expelled from the university, but that was changed to being suspended until 2020.
Last year, Doe filed a federal lawsuit against the state College Board alleging he was a victim of gender discrimination because of his long-term suspension for what he calls a false sexual misconduct allegation.
Doe's federal lawsuit is set for a two-week trial in January before Jordan.
However, before the trial, there is a legal fight over whether the university can get records from Roe's attorney about the confidential settlement agreement.
Ole Miss has issued a subpoena for records from Oxford attorney Jonathan Masters, who represented woman.
Both Doe and Masters filed motions asking a federal judge to quash the subpoena. Neither Masters nor his client are parties in Doe's lawsuit against the university.
"To the extent the subpoena is seeking information relating to settlement negotiations and/or any private settlement agreement between Masters’ client and Doe, the subpoena should be quashed," Michelle High, one of Doe's attorneys, said in a motion filed last week to block the subpoena.
Masters was retained by Roe five months after Ole Miss had completed its investigation of Doe and issued disciplinary against him, Doe's attorney said.
University attorneys argue they aren't seeking information between Masters and his client, but only information relating to Doe.
Paul Watkins Jr., an attorney for the state, argues Doe and Martin's motions should be dismissed because they were filed after the time to provide the requested information.
The subpoena demands production of settlement communications and any settlement agreement these parties may have entered into, regardless of any confidentiality clause that exists.
Also of interest: Is there gender bias against men in Mississippi child custody cases? These dads say yes.
Also of interest: Former Ole Miss student to serve 3 years for domestic violence. Kidnapping charge dropped
Contact Jimmie E. Gates at 601-961-7212 or firstname.lastname@example.org. Follow @jgatesnews on Twitter.