Swarthmore College in Pennsylvania has settled a lawsuit brought by a student accused of sexual assault, admitting the school acted unfairly in charging the student.

In April 2011, a student identified as John Doe shared a kiss and at a later date “consensual physical encounters” with another student identified as Jane Doe, according to the lawsuit filed earlier this year. On May 1, 2011, Jane came to John’s dorm room and initiated consensual sex. The lawsuit alleges Jane admitted she initiated the encounter.