A federal judge has denied the Arizona Board of Regents’ motion for summary judgment on the Title IX claim of an Arizona State University student-athlete expelled from the school following an investigation into a sexual encounter.

According to the U.S. District Court for the District of Arizona’s Aug. 30 opinion, the ASU student-athlete, John Doe, and another unnamed male student engaged in a three-way sexual encounter with ASU student Jane Roe, at an off-campus party in April 2016. Roe immediately reported the incident to the police, who declined to press charges, according to the opinion. The police made their determination after reviewing videotape footage of the incident secretly recorded by the second male participant.

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