A 19-year-old man who faces a rape charge in connection with an August incident at a Kansas University fraternity waived his right on Monday to a preliminary hearing.

The man’s attorney asked for a Feb. 4 hearing before setting a trial date.

“At that point, we’ll know whether this could be resolved or not,” defense attorney Tom Bath told Douglas County District Judge Peggy Kittel.

The man, who is no longer a KU student, faces one count of rape or an alternative count of aggravated sexual battery.

A female KU student reported to Lawrence police that on the night of Aug. 21 she was at the Delta Chi fraternity house, 1245 West Campus Road, and fell asleep in a room there. Prosecutors allege she was then sexually assaulted by the suspect, who was an acquaintance.

She called Lawrence police the next day when she returned to her residence hall, and officers later arrested the 19-year-old man after they interviewed him.

The Journal-World generally does not name suspects in sex-crime cases unless they are convicted.

The defendant remains free on $35,000 bond.

National fraternity officials have said they will not conclude their own review of the matter until the criminal case is resolved.