ASU male graduate can use Title IX in sexual misconduct case against him

Article here. Excerpt:

'Sex discrimination is a possible explanation for the University's approach to a sexual misconduct case from late 2014, according to an opinion from the 9th U.S. Circuit Court of Appeals posted Wednesday.

David Schwake, the plaintiff in the case and ASU alumnus with a master's degree in microbiology, was accused by a classmate for inappropriately touching her without her consent. Three weeks after Schwake received notice of the initial complaint, the University ruled that Schwake was "responsible for disciplinary charges," court documents said.

Schwake later took the case to a federal court in Arizona on the claim that he was discriminated against based on sex because of the University's handling of the case against him. A judge at the lower court immediately dismissed the case, saying that Schwake did not have a plausible claim for violation of his rights under Title IX.

But Wednesday's opinion reverses the lower court's decision, saying that Schwake did provide enough evidence to assume gender bias from the University.'

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