By . Lillian Radulova . Expelled: Lewis McLeod was expelled following an investigation into an alleged sexual assault but he never was subject to a criminal investigation . A former Australian soccer player who was expelled from Duke University after being accused of sexually assaulting another student, will have to wait an entire year to clear his name and receive his diploma. Lewis McLeod has won two of three legal battles so far in his court battle against Duke University. Judge Osmond Smith III, in North Carolina's Durham County Superior Court, issued a preliminary injunction on Thursday, ruling the university should not have expelled the 23-year-old. But the judge has so far declined to force the university to immediately give McLeod his degree. The matter will be heard at a later trial, which with no date set, could leave the former Sydney FC Academy soccer player waiting for a year to formally graduate with his psychology degree. But although Mr McLeod hopes to stay in the US for as long as it takes to clear his name, he could be forced to head home to Sydney before the trial date. Without his degree, Mr McLeod in unable to take up a job with a Wall Street firm in New York nor apply for a new visa. His current student is set to expire on May 11, leaving him with 60 days to depart the US. The 23-year-old has won two of three legal battles against the University, with the court issuing a preliminary injunction on Thursday which ruled that the university should not have expelled him . 'It’s up in the air right now. We're investigating what action we can take,' McLeod’s attorney Rachel Hitch told the Daily Telegraph. 'He is in a peculiar position because he's not expelled, not graduated and not enrolled. As far as student visas go it's hard to figure out where he falls.' Duke University's public affairs vice-president Michael Schoenfeld, praised the judge's ruling. 'We are pleased the court recognised the need to preserve the integrity of Duke's decision not to issue a degree at this point in the lawsuit,' he said. 'Duke follows federal legal requirements for complaints of student sexual misconduct and works very hard to make sure the process is fair and just in every case.' Scene: McLeod says that the sex he had at his home (pictured) with the young woman he met at a bar in November 2013 was consensual but she claims she was assaulted . Lewis McLeod was accused of sexually assaulting an 18-year-old female student in November and though the school expelled him after conducting his own investigation, the case was never pursued by law enforcement and he never faced criminal charges. On the team: Because of his student visa status, McLeod will be forced to return to Australia . McLeod filed a lawsuit alleging he was not given a fair hearing during the university's independent investigation and saying that without the diploma that he was originally due to receive earlier this month, his life is being put on a detrimental hold. McLeod also had to file legal action to sit his final exams, which he scored As, his lawyer said. The alleged sexual assault took place . on November 14 when McLeod, who played on the school's soccer team, . brought a young woman home from a local Durham, North Carolina bar. They . proceeded to have sex, and though he claims it was consensual, the . unidentified young woman 'got emotional' and started crying. She later contacted the local police and the school's police force. Duke's Office of Student Conduct conducted an investigation though it remains unclear why the local police did not pursue any charges. 'Throughout the hearing, members of the panel and the Office of Student Conduct made decisions that prevented Mr. McLeod from presenting his side of the story, denied him his right to respond to allegations against him and denied him his right to a fair and impartial hearing,' his attorneys wrote.
Lewis McLeod, an Australian who was on the soccer team at Duke University in North Carolina, is suing the school to get his diploma .
He was expelled after an alleged sexual assault in November .
The court has ruled that the university should not have expelled him .
Now faces being deported to Australia while waiting for the next trial .
The school conducted an investigation and found him guilty, prompting his expulsion, but he was never criminally investigated or faced any charges .
By . Lillian Radulova . Expelled: Lewis McLeod was expelled following an investigation into an alleged sexual assault but he never was subject to a criminal investigation . A former Australian soccer player who was expelled from Duke University after being accused of sexually assaulting another student, will have to wait an entire year to clear his name and receive his diploma. Lewis McLeod has won two of three legal battles so far in his court battle against Duke University. Judge Osmond Smith III, in North Carolina's Durham County Superior Court, issued a preliminary injunction on Thursday, ruling the university should not have expelled the 23-year-old. But the judge has so far declined to force the university to immediately give McLeod his degree. The matter will be heard at a later trial, which with no date set, could leave the former Sydney FC Academy soccer player waiting for a year to formally graduate with his psychology degree. But although Mr McLeod hopes to stay in the US for as long as it takes to clear his name, he could be forced to head home to Sydney before the trial date. Without his degree, Mr McLeod in unable to take up a job with a Wall Street firm in New York nor apply for a new visa. His current student is set to expire on May 11, leaving him with 60 days to depart the US. The 23-year-old has won two of three legal battles against the University, with the court issuing a preliminary injunction on Thursday which ruled that the university should not have expelled him . 'It’s up in the air right now. We're investigating what action we can take,' McLeod’s attorney Rachel Hitch told the Daily Telegraph. 'He is in a peculiar position because he's not expelled, not graduated and not enrolled. As far as student visas go it's hard to figure out where he falls.' Duke University's public affairs vice-president Michael Schoenfeld, praised the judge's ruling. 'We are pleased the court recognised the need to preserve the integrity of Duke's decision not to issue a degree at this point in the lawsuit,' he said. 'Duke follows federal legal requirements for complaints of student sexual misconduct and works very hard to make sure the process is fair and just in every case.' Scene: McLeod says that the sex he had at his home (pictured) with the young woman he met at a bar in November 2013 was consensual but she claims she was assaulted . Lewis McLeod was accused of sexually assaulting an 18-year-old female student in November and though the school expelled him after conducting his own investigation, the case was never pursued by law enforcement and he never faced criminal charges. On the team: Because of his student visa status, McLeod will be forced to return to Australia . McLeod filed a lawsuit alleging he was not given a fair hearing during the university's independent investigation and saying that without the diploma that he was originally due to receive earlier this month, his life is being put on a detrimental hold. McLeod also had to file legal action to sit his final exams, which he scored As, his lawyer said. The alleged sexual assault took place . on November 14 when McLeod, who played on the school's soccer team, . brought a young woman home from a local Durham, North Carolina bar. They . proceeded to have sex, and though he claims it was consensual, the . unidentified young woman 'got emotional' and started crying. She later contacted the local police and the school's police force. Duke's Office of Student Conduct conducted an investigation though it remains unclear why the local police did not pursue any charges. 'Throughout the hearing, members of the panel and the Office of Student Conduct made decisions that prevented Mr. McLeod from presenting his side of the story, denied him his right to respond to allegations against him and denied him his right to a fair and impartial hearing,' his attorneys wrote.
alleged sexual assault but he never was subject soccer player who was expelled from Duke University after being accused of sexually university should not have expelled the which ruled that the university should not have Lewis McLeod was accused of sexually assaulting an 18-year-old female student in November and though the school expelled him after conducting his own investigation, the case was never pursued that without the diploma that he was originally McLeod, who played on the school's soccer team, . North Carolina bar. They . proceeded to have sex, local police did not pursue any charges.