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Sexual assault sanity! Calif. judge rules male UC-San Diego student didn’t get a fair hearing

July 15, 2015

My latest blog post for the Independent Women’s Forum:

UC San Diego: It’s a public campus, so the Constitution guarantees due process

From the report in the Los Angeles Times, the Doe case sounded like an all-too-typical combination of consensual sex gone awry and a campus administrator who responded vindictively when Doe tried to claim his procedural rights:

“In the San Diego case, Doe met the accuser, identified as Jane Roe, at a party in January 2014 and began a sexual relationship later that month. Both sides agreed that at least some of the sex was consensual. But four months later, in June, Roe filed a complaint alleging three instances of sexual misconduct in late January and early February, all of which Doe denied.

“Elena Acevedo Dalcourt, UC San Diego’s campus complaint resolution officer, found insufficient evidence for two of the charges but determined that the third allegation of digital penetration without consent was valid.

“In December, a university hearing panel affirmed those findings and recommended sanctions, including a one-quarter suspension, sexual harassment training and counseling. After Doe sent a letter of response to Dean Sherry L. Mallory, she increased the sanctions to a one-year suspension, which would have required him to reapply for admission to the campus, among other things.

“In an opinion issued Friday, Pressman said the university failed to hold a fair trial because the official who headed the misconduct hearing asked Roe only nine of 32 questions submitted by Doe. Officials also improperly allowed Dalcourt’s findings to be used in the hearing without allowing Doe to confront the complaint officer, who did not attend. Nor was Doe given access to any statements by 14 witnesses or Roe’s own interview statements.

“Pressman also found the university ‘abused its discretion’ in increasing sanctions against Doe after he appealed without explaining why.”

Posted by Charlotte Allen

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