AUSTIN, Texas - A former University of Texas at Austin student is suing the university after he says he was wrongfully suspended.

The case, filed in U.S. District Court this week, has two issues at play: whether or not the sexual encounter was assault, and if it fits the university's definition for sexual assault.

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The plaintiff, John Doe, claims he was invited to a formal last year and later had sex with his date. Doe claims Jane Roe consented, but later said she was too intoxicated to do so.

"To allow them to retroactively withdraw consent is not fair," Doe's attorney, Brian Roark, said. "To give consent, and then days, weeks or months later - for other reasons - retract that."

A UT review board found Doe did nothing wrong, but UT Austin president Greg Fenves reversed that ruling in April and suspended him for five semesters.

Roark believes it was for political reasons.

"Not wanting to be Baylor," he said. "Wanting to make it look like UT is on the forefront of the fight against sexual assault in America."

The university's sexual assault policy prohibits instances where one of the two parties is incapacitated, which it defines as "a state of being that prevents an individual from having the capacity to give consent."

The handbook gave an example, stating "incapacitation could result from the use of drugs or alcohol, a person being asleep or unconscious, or because of an intellectual or other disability."

Aja Gair with The SAFE Alliance said there's no deadline to determine if you've been sexually assaulted.

"I think it's extremely important that anyone who has been a victim of a sexual assault know that there are many people here in Travis County who are working for them and can work with them," she said.

She says time is crucial if the survivor wants to press charges, but following through with a criminal case is not required.

"If someone thinks that might be what they want to do, they should call the hotline sooner rather than later," Gair said.

The case is pending before a federal judge in Austin. John Doe's suspension lasts through May of 2019, if a judge does not intervene in the interim.

When asked about the case, university spokesman J.B. Bird said: "The university generally does not comment on pending litigation, and due to federal privacy laws, the university does not comment on student disciplinary measures."