Just days after the U.S. Naval Academy Superintendent was not forced to recuse himself, he decided to rule that two of three midshipmen accused of sexual assault will face court-martial, the Associated Press reported.

Vice Adm. Michael Miller ruled Thursday Eric Graham, of Eight Mile, Ala., and Joshua Tate, of Nashville, Tenn., will each face court-martial, while Tre'vas Bush, of Johnston S.C., will not. A 21-year old female midshipman accused all three were accused of sexual assaulting her at an off-campus party in April 2012.

Both Graham and Tate are charged with making a false statement. Graham is charged with abusive sexual contact and Tate with aggravated sexual assault.

"We are committed to a thorough and fair conduct system and investigative process, and the Naval Academy will meet the highest standards, operate consistent with the law, and expeditiously investigate every report of unwanted sexual contact, sexual harassment and sexual assault," the academy said in a statement announcing the superintendent's decision.

Susan Burke, the alleged victim's attorney, sought to have a federal judge force Miller to recuse himself from deciding the fate of the three midshipmen. U.S. District Judge Ellen Hollander said she could not find precedent to dismiss the superintendent from the case.

"I think for me to stick my nose in the Navy's business right now would be a far cry from appropriate," Hollander said.

In the federal lawsuit, Burke claimed her client was punished with "abusive badgering" during three days of court proceedings that lasted very long hours. Although Miller was allowed to decide to send the two men to court-martial, he will not preside over the trial.

The alleged victim admitted in those preliminary hearings that she did not remember much of the incident itself, but was informed of what she had done by the accused men. She said the recounting of events from who she identified as her attackers jogged her memory.

The alleged incident occurred at an off-campus party in a place known as "the football house." Graham, Tate and Bush are former Navy football players and were accused of sexually assaulting the victim while she was heavily intoxicated at the party.