University didn't record accuser's testimony: 'technical difficulties' "Jane Roe" initially said the vaginal sex was consensual. Later, she said it wasn't. Syracuse University rejected her two other nonconsensual claims about other forms of sex, but upheld the one that she switched during the investigation. This is only one of many reasons that a federal judge refused to dismiss a lawsuit against the private university by an accused student. In his memorandum and order Wednesday, U.S. District Judge David Hurd approved Title IX and breach-of-contract claims to move forward against Syracuse.