FINDLAY, OHIO — Two black college athletes expelled over rape allegations are suing their Ohio university, claiming denial of due process and racial discrimination.
Students Justin Browning and Alphonso Baity filed the lawsuit against the University of Findlay last month.
Browning and Baity were expelled just two days after they were accused of rape by a female white student. Neither student has been charged with a crime, the Washington Examiner reported.
Browning and Baity were friends with the woman, identified as "M.K.," and she visited their shared campus house often, according to the lawsuit.
The lawsuit claims that on Sept 20. last year, M.K approached Baity at a college party and asked where Browning was.
When M.K. saw Browning she took his cellphone and put her number in it. M.K. and Browning then danced and kissed, the lawsuit said.
The lawsuit alleges M.K. consented to leave the party with Browning. They were joined by more friends at Browning and Baity's house.
According to the lawsuit, M.K. and Browning had consensual sex in the room he shared with Baity.
When Baity returned from the party he went into the room to retrieve a phone charger. He claims M.K. then invited him to have sex.
The lawsuit says M.K. later left the room naked, saying she might want to vomit. She did not vomit. She then sat naked on a couch and conversed with witnesses, the lawsuit said.
M.K. had consensual sex with Browning again and spent the night at the house, the lawsuit alleges.
The students claim they were expelled despite every witness backing their story, according to the Washington Examiner.
They claim witnesses also said M.K. later boasted about the sexual encounters, according to the lawsuit.
M.K. filed her complaint 10 days after the alleged incident. Browning and Baity were expelled two days after.
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