Cliff notes version is that guy and girl have multiple occasions of consensual sex. Later, girl says she was drunk for the first occasion, files a complaint. Guy is found not guilty, but girl appeals. The rest of this bizarre story:
http://www.washingtonexaminer.com/judge-accused-student-faced-inadequate-campus-sex-assault-process/article/2587732
Doe was found "not responsible" for the sexual assault. But the accuser was able to appeal the decision. The accuser had a "support person" submit a statement saying she had been drinking after the photo was taken but before the sexual encounter. She acknowledged that Doe had not been present during the drinking.
Doe was not allowed to appear before the appeal board to defend himself from the new statement, and his accuser was granted multiple extensions to provide new evidence. She eventually provided a new statement from her suitemate that said she didn't know what happened, but she had learned of the details "later in the semester." The suitemate also said she believed Doe "had been engaged in a similar experience with another girl." The girl wasn't named. The accuser also submitted an undated email from the suitemate to the school's investigators that claimed the accuser's roommate lied to the hearing board. She also called Doe a rapist.
In addition, the accuser submitted a voice message she left on a friend's cell phone and a screenshot from the phone. She claimed this was evidence that she "was drunk and unable to give consent." The school did not send Doe all of the new material submitted by his accuser, and the appeal board reversed the earlier decision and found him responsible. It decided to suspend him until the year 2020 to allow his accuser to complete her undergraduate degree and a graduate degree if she chose. On top of that, a police escort accompanied Doe off campus.
Doe sued, claiming the appeal board reached its conclusion on false or misleading pretenses. His initial lawsuit was dismissed, but he was given leave to amend.
Judge Dillon again dismissed the lawsuit based on a count of Doe's liberty interest to his good name, but she allowed the lawsuit to continue based on Doe's property interest in his education. He argued the school took away his property interest without due process protections, in part because he was not allowed to attend or defend himself in front of the appeal board. Dillon found "that Doe has alleged sufficient facts to state that the process he received was inadequate."
While this ruling is not as strong as the recent one against Brandeis University, it is a positive step forward to see federal judges now allowing these lawsuits to move forward. People deserve due process, no matter where they are accused of a crime (and sexual assault is still a crime in this country). Those who are branded as rapists need a proper chance to defend themselves.
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