A California judge has ordered San Diego State University to "dissolve the finding" of a campus tribunal that found an accused student guilty of sexual assault. In his ruling, the judge said that the university's tribunal was so lopsided against accused students that it was “enough to shock the Court's conscience.”
From Watchdog.org:
SDSU determined after a lopsided hearing that John had sex with Jane while she was incapacitated and even after she asked him to stop. Jane's advocate at the hearing categorized the encounter as “sexual assault” and “rape.”
Judge Wohlfeil noted that the federal government requires accusers and the accused to have equal access to lawyers or advisors when presenting evidence. In John's case, this requirement was not followed. The woman who was initially assigned to investigate Jane's claim, Dr. Lee Mintz, was supposed to remain unbiased. She quickly became an “advocate,” as SDSU's counsel admitted, and became Jane's advisor. She advised Jane on the process and evidence at the hearing, and was even allowed to speak on Jane's behalf during the hearing.
John was not provided a well-trained advocate, and could only have access to one if he paid for an attorney, which he did. The attorney was not allowed to speak on John's behalf and could only whisper advice throughout the hearing — meaning John, who was 19 at the time of the hearing, had to essentially argue his own case against a well-trained expert.
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