FAYETTEVILLE -- A former University of Arkansas, Fayetteville student agreed Wednesday to end his lawsuit over how the university handled a complaint of sexual assault against him.
Documents released Wednesday by UA under the state's public disclosure law show a $20,000 settlement to end the legal challenge from "John Doe," who as a student was sanctioned in 2018 by the university for sexual assault in violation of campus policy.
The settlement also provides "Doe" with a letter stating in part that a different conclusion to his case could have been reached under a revision to campus disciplinary procedures that took place in August 2020. The letter, provided in draft form by UA, also states that a Fayetteville police investigation resulted in no criminal charges, and that "Doe" remains eligible to apply for admission or employment at the university.
The former student, named only as "John Doe" in court documents, and the university's board of trustees on Wednesday filed a joint motion in U.S. District Court in Fayetteville to have the case dismissed with prejudice, meaning it cannot be refiled on the same grounds.
[DOCUMENT: Settlement agreement » arkansasonline.com/422settle/]
"We are pleased that this litigation has been resolved," Mark Rushing, a UA spokesman, said in a statement Wednesday. "The University remains committed to providing fair and thorough processes for complainants and respondents alike."
Justin Zachary, an attorney for "Doe," did not respond Wednesday to an email and phone message requesting comment.
"Doe" claimed in court documents that he was discriminated against because of his gender and that the investigation and hearing in his campus case "was substantially out of compliance with the relevant guidance" from the U.S. Department of Education. "Doe" was found responsible for sexual misconduct by a disciplinary panel that, after an appeal, reversed an initial finding by the university's Title IX coordinator.
Under Title IX, sex-based discrimination is prohibited at schools receiving federal money.
The draft letter included as part of the settlement agreement refers to this outcome in detail, stating that "two decision makers (the Title IX Coordinator at the time and one member of the Hearing Panel) concluded that you were not responsible for the alleged policy violation, and two decisions makers (the two remaining members of the Hearing Panel) concluded that you were.
"This fact suggests that different fact finders might have reached different conclusions regarding your responsibility."
The letter refers to new federal regulations -- adopted under the administration of former President Donald Trump -- that led to changes in campus disciplinary procedures, stating: "Given the closeness of the evidence presented to the Hearing Panel, it is possible that the revised procedures could have led to a different outcome."
Recent changes to UA procedures include allowing students to have advisers who can participate in live hearings by questioning opposing parties and witnesses.
The settlement agreement states that the university does not admit any liability or wrongdoing in the case involving "Doe."
Court documents in the lawsuit state that after "Doe" was found responsible for sexual misconduct, he was required "to complete Title IX training, 10 hours of community service and an online sexual violence accountability course." UA allowed him to graduate.
The federal rule that took effect in August 2020 has changed requirements for colleges and universities, but schools still must investigate certain cases of sexual harassment and sexual assault involving students. They also must continue to offer supportive measures to students reporting sexual misconduct, such as changes to class schedules and campus housing reassignments.
Campus investigations are separate from any police investigation and can result in a campus hearing panel deciding if a student is responsible for misconduct. At UA, such findings are made using a preponderance of evidence standard.
Critics have said the new rule wrongly narrows the reach of civil-rights protections. President Joe Biden, who took office in January, last month ordered a review of the new rule, meaning that there could again be changes.
"Doe" filed his lawsuit in September 2018, naming as defendants the University of Arkansas; the university's board of trustees; Tyler R. Farrar, formerly the university's Title IX coordinator; and four others, including members of the UA panel that heard the appeal.
In 2019, U.S. District Judge P.K. Holmes III dismissed the lawsuit, but "Doe" appealed this ruling.
The 8th Circuit Court of Appeals in September revived the case, stating that there was a "plausible claim that the University discriminated against Doe on the basis of sex."
The appellate court, however, rejected arguments made by "Doe" that his due process rights were clearly violated. When it comes to the campus hearing involving "Doe," his lawsuit "does not identify any material flaw in this proceeding," the 8th Circuit opinion states.