A Colorado State University-Pueblo student filed a federal lawsuit against the university and the U.S. Department of Education claiming sexual discrimination after he was sanctioned for a sexual act that he and his girlfriend insist was consensual sex.

CSU sophomore Grant Neal claims in the federal lawsuit filed Tuesday in U.S. District Court in Denver that the reason his civil rights were violated and that he was punished was only because of stereotypes about male athletes.

The lawsuit also names as a defendant the U.S. Department of Education’s Office of Civil Rights.

Also named is Kaitlyn Blakey, associate director of the college’s equal opportunity office, and U.S. Education Secretary John B. King Jr.

Neal claims he had consensual sex on Oct. 25 with a woman at the school he identifies as Jane Doe.

But a peer of Jane Doe’s in the Athletic Training Program reported the encounter as rape to CSU faculty after seeing a hickey on her neck, says the 90-page lawsuit filed by Denver attorney Michael Mirabella and New York City attorneys Andrew Miltenberg, Tara Davis and Jeffrey Berkowitz.

The lawsuit points out that the peer was not an eye witness to the sexual encounter and did not hear about it from either Neal or the woman.

DeLuna notified Neal on Dec. 18 that he had been found responsible for “sexual misconduct” in violation of the university’s code of conduct.

His “unwarranted and severe” penalty was suspension for the remainder of Jane Doe’s enrollment at the college, the lawsuit says.

The lawsuit says the defendants failed to conduct a thorough and impartial investigation, failed to hold a hearing on the charges against Neal and failed to provide him with proper notice of the charges.

The action taken against Neal has damaged his ability to get an education, the suit says.

Neal lost his football and wrestling scholarships, which damaged his future education, career, reputation and athletic prospects.

The lawsuit gives graphic details about several sexual encounters between Neal and Jane Doe. When later asked about the events, Jane Doe made it clear their relationship was consensual, the lawsuit said.

“Our stories are the same and he’s a good guy,” Jane Doe was quoted in the lawsuit as telling a school official. “He’s not a rapist, he’s not a criminal, it’s not even worth any of this hoopla!”

Kirk Mitchell: 303-954-1206, kmitchell@denverpost.com or @kirkmitchell or denverpost.com/coldcases