- Associated Press - Wednesday, September 23, 2015

MONTPELIER, Vt. (AP) - Middlebury College is appealing a federal judge’s decision to reinstatement a student who had been expelled for sexual misconduct that occurred while he was studying abroad last year.

In a preliminary injunction issued Sept. 16, U.S. District Court Judge J. Garvan Murtha ruled the student, referred to in court papers as John Doe, would suffer irreparable harm if expelled before his senior year and he were unable to complete his education.

The Vermont liberal arts college filed notice Wednesday that it was appealing Murtha’s ruling to the 2nd U.S. Circuit Court of Appeals in New York.

Court documents say Doe was exonerated of the allegations by the school that sponsored his overseas program, but a separate investigation by Middlebury found he sexually assaulted the unnamed female student and he was expelled.

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