State judge rules against UC-San Diego in student sexual misconduct case

State judge rules against UC-San Diego in student sexual misconduct case

[Ed. – This could have significant repercussions.  It seems like a positive sign for the rule of law in university administration of sexual misconduct.]

UC San Diego failed to give a fair trial to a male student it found responsible for sexual misconduct last year by refusing to allow him to fully confront and cross-examine his accuser, a judge has ruled.

In what is believed to be the first ruling against the University of California in a sexual misconduct case, San Diego County Superior Court Judge Joel M. Pressman found there was insufficient evidence to support charges that the student, identified only as John Doe, had pressed a classmate to engage in sexual activity against her will in February 2014. Pressman ordered the university to drop its finding against Doe and all sanctions, including a suspension of one year and a quarter. …

In a statement Monday, UC San Diego said officials were “continuing to evaluate the decision, including whether to appeal,” and had no further comment.

The case is being watched nationally, as concern has grown that the intensified crackdown on campus sexual assault over the last few years has skewed too far against those accused, violating their due process rights. Last fall, 28 Harvard Law School faculty members published  an opinion article condemning their campus procedures on sexual assault cases as lacking “the most basic elements of fairness and due process” and “overwhelmingly stacked against the accused.”

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