Roe v. Rector and Visitors of George Mason University

A George Mason University (GMU) student (plaintiff) was dating Jane Roe, a student at another university. The student’s relationship with Roe included sexual practices called BDSM, or bondage, discipline, dominance, submission, sadism, and masochism. To facilitate their BDSM relationship, the student and Roe agreed that Roe would use the safe word “red.” If and only if Roe said “red,” then the student would have to stop his actions. On October 27, 2013, the student and Roe were having a sexual encounter and the student asked Roe whether he should stop. Roe responded, “I don’t know,” and the student continued. The relationship ended a few months later, but the student attempted to keep communication with Roe. The student threatened to kill himself if Roe did not respond. In April 2014, Roe reported the harassment and prior abusive relationship to her university. Roe also began working with GMU police to record a conversation between herself and the student. Roe asked the student why he did not stop, and he responded that he thought Roe could handle it. The conversation was used as evidence to obtain a protective order against the student. Roe also pressed charges against the student at GMU, which informed the student that he was subject to violations of GMU’s sexual-misconduct policy and four violations of the Code of Conduct (code): infliction of physical harm; deliberate touching or penetration without consent; conduct of the sexual nature; and communications that may cause injury, distress, or emotional and physical discomfort. A panel convened and found that the student was not responsible for the charges. Roe appealed to the Assistant Dean of Students, who overturned the panel’s decision and concluded the student violated the code. The student unsuccessfully appealed to the Dean of Students.