ANN ARBOR, MI - A University of Michigan student has filed a federal lawsuit claiming violations of due process rights as the school investigates whether he violated the university's sexual misconduct policy.

The lawsuit, filed by a male student Monday, June 4 in U.S. District Court, alleges a female student raised a complaint with UM's Office of Institutional Equity on March 12, 2018 - four months after she alleges the male student had sex with her in his residence hall room without consent.

The male student, who is identified as "John Doe" in the lawsuit, claims the sex was consensual, that no drugs or alcohol were involved and that she later told her roommate that she had sex, but did not say it was without consent. There were no witnesses to the encounter.

John Doe, the lawsuit states, claims the two continued to communicate following the encounter via Snapchat, ate together after running into each other in a campus dining hall and that she later texted him suggesting the two have sex again in his residence hall. The male student declined, later telling the female student "all he could offer was friendship," according to the lawsuit.

After the female student filed the complaint, which included a no contact directive against the male student, she alleged the male student was in violation of the directive when he did not leave a dining hall after spotting the female student, according to the lawsuit.

The male student was able to prove through his electronic swipe card used for entry that he was not in the dining hall throughout the entire day in question, the lawsuit claims.

The lawsuit, filed on the male student's behalf by Bloomfield Hills-based Deborah Gordon Law, alleges the university has put a hold on his official transcript and degree, despite no findings being made against him.

The university will have 21 days upon being served to respond to the complaint in court.

The suit relies on an opinion from the Sixth U.S. Circuit Court of Appeals, which ruled last year in a case involving the University of Cincinnati:

"The Due Process Clause guarantees fundamental state university students facing long-term exclusion from the educational process. Here, the university's disciplinary committee necessarily made a credibility determination in finding John Doe responsible for sexually assaulting Jane Roe given the exclusively 'he said/she said' nature of the case. Defendants' failure to provide any form of confrontation of the accuser made the proceeding against John Doe fundamentally unfair."

The lawsuit alleges UM refuses to provide the male student with any form of hearing or cross examination, claiming that it provides those protections to students facing all other forms of discipline.

Because the male student had no notice of the allegations against him when he was interviewed by the Office of Institutional Equity investigator during his only interview on April 3, he was not able to respond to key issues presented by the female claimant, the lawsuit states. As a result, the male student was unable to respond to the "falsity" of the allegations the female student alleged.

UM Spokesman Rick Fitzgerald said the university did not have any comment at this time, because it had not yet been served with the complaint.

The lawsuit alleges the complaint against the male student and UM's policies with regards to sexual misconduct "have created an environment in which decision-makers at the University are explicitly and implicitly biased against males accused of sexual assault."