Calif. Judge Finds College Used Unfair Process in Sexual Assault Case

A trial court judge found the University of California San Diego gave an unfair trial to a student accused of sexual misconduct.

A California judge declared that a student who was found guilty of sexual misconduct at the University of California San Diego did not receive a fair trial from the school.

The student faced a year’s suspension after an appeals process that didn’t let him challenge the school’s findings or cross examine his accuser, according to the Washington Post.

The student, who was an undergraduate at the time and is referred to as John Doe in documents, was accused of sexually assaulting a classmate he had had several sexual encounters with in 2014. The classmate complained to the school in June of that year and the school suspended John Doe for one quarter after a hearing.

When Doe appealed the decision his penalty was increased to a full year, which would’ve forced him to reapply to the school under university rules.

But on July 14 a trial court judge found that Doe’s ability to challenge the school’s findings and cross-examine the accuser was limited, and that Doe’s increased suspension after his appeal was unfair. The judge singled out one school official for failing to explain why Doe’s penalty was increased.

Campus Safety Magazine has reported on a number of cases where males found guilty of sexual assault alleged discrimination in the school’s review process. However, most who filed Title IX lawsuits lost their cases.

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