John Doe (plaintiff) had sex with Jane Roe while both were students at the University of Cincinnati (defendant). Doe claimed that Roe consented; Roe said otherwise. No physical evidence supported either side. The university held a disciplinary hearing without Roe present and suspended Doe based on Roe’s hearsay statements to investigators. Doe appealed in federal court, arguing that his suspension violated his constitutional right to confront his accuser. The district court found Doe likely to prevail and accordingly entered a preliminary injunction preventing his suspension. The university appealed.