A male student has settled a case with a university who suspended him after a woman claimed he sexually assaulted her.

The male college student was incapacitated after a night of drinking at a party when a female student engaged him in sexual activity in September 2014.

The case involves a Miami University of Ohio student who is named as John Doe in court documents.

After drinking on September 14, 2014, the man went back to his dorm room with his roommate called 'Nik' and a female student, known as Jane Doe.

The male college student was incapacitated after a night of drinking at a party when a female student engaged him in sexual activity in September 2014. The incident took place on the campus at Miami University of Ohio (pictured)

According to a lawsuit obtained by The Daily Wire, 'Nik' told Jane to 'pick a bed' and sleep.

She told school investigators that she had sobered up by the time she got to her friends' room.

She claimed she had no issues kissing John because the two had done so before.

'Jane' said when she got into the man's bed, he started kissing her which she claimed was 'what I expected and fine.'

She said that John had asked to digitally penetrate her and she said 'fine.'

John had asked to perform oral sex on her and she had said 'no' and then pushed him away. He then 'rolled over and went to sleep.'

It is understood that Jane’s 'discussion' about the incident with her friends was turned into a sexual-assault report by a resident adviser, College Fix reported.

John claimed he did not remember anything after he went to bed and he barely had any memory of leaving a bar and walking to his dorm, according to his lawsuit.

It further states that after leaving a bar with Nik, John 'became disoriented, his speech was slurred, and he was exhibiting a loss of equilibrium.'

The university knew that Jane initiated sexual contact and that John, by the institution's own policies, had been too drunk to consent.

However he was still suspended by the university. John claimed that he and his accuser were treated differently during the hearing process.

An appeal judge said that John’s allegations of 'external pressure' on the university to judge male students guilty – by the Department of Education and did in fact support 'a reasonable inference of gender discrimination'

An appeal judge criticized the school for its treatment of him in a case which asserting gender bias in disciplinary proceedings

He was given just two days to submit evidence of his innocence.

However Jane was allowed to submit a written statement even though she failed to turn it in before a deadline.

An official in Miami investigated, prosecuted and judged John Doe's case on his own.

He stated in his lawsuit that this individual had 'dominated John Doe’s hearing with questions and comments designed to deflate John Doe’s credibility while inflating Jane Doe’s credibility.'

According to College Fix, the totality of the finding against John was that: 'Both of you agreed to go to your resident hall room, where you engaged in consensual kissing and some consensual contact.

'However at some point, [Jane] indicated she did not want to have oral sex and asked you to stop but the act continued.'

John had sued the university after he was suspended. A judge later criticized the school for its treatment of him in a case which asserting gender bias in disciplinary proceedings.

An appeal judge said that John’s allegations of 'external pressure' on the university to judge male students guilty – by the Department of Education and did in fact support 'a reasonable inference of gender discrimination.'

The judge had faulted the university for ignoring 'internally inconsistent' claims in Jane’s muddled statement when it found John responsible for one non-consensual act but not another, College Fix reported.

The two parties later agreed to drop the lawsuit and settle out of court on February 2019.