Nearly two months ago, Kohrman Jackson & Krantz Student & Athlete Defense/Title IX attorneys Susan Stone and Kristina Supler filed a lawsuit against Indiana Wesleyan University (IWU) on behalf of a male student accused of sexual assault. It was recently discovered that the accuser reported to IWU that she had contracted HIV from the defendant, who was not HIV-Positive before the incident. The story was covered by the Daily Wire.
The male student, referred to as John Doe, sued IWU and was granted expedited discovery for the case. During that phase, John learned of his accuser’s HIV claim. John and the Student & Athlete Defense team filed a request for an emergency temporary restraining order to force IWU to contact Jane and verify whether her claim about being HIV-positive was true.
“Despite requests by John’s counsel, IWU refuses to contact Jane to require her to verify her HIV status,” said attorneys Susan Stone and Peter J. Agostino. “Absent a temporary restraining order directing IWU to do so, John will be forced to break quarantine to seek medical testing, potentially exposing himself to the novel coronavirus. With a serious preexisting health condition, John is especially vulnerable and will face irreparable harm if forced to seek medical attention in the midst of a pandemic. IWU can avoid this by simply contacting Jane and requiring her to verify her HIV status.”
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