HIGHER EDUCATION BUBBLE UPDATE: Judge rules San Diego State railroaded accused student by denying him adequate defense.
San Diego State University violated “procedural fairness” by refusing to let a student accused of rape have an advocate “with the same or substantially similar skills, training and experience” as his accuser’s advocate, a California court ruled.
Judge Joel Wohlfeil ordered the university to “dissolve the finding” by Dr. Lee Mintz, who also served as the school’s investigator, that “John Doe” did not stop having sex with “Jane Roe” when she asked.
It also must take back its finding that Roe “became incapacitated” and Doe “continued to have sex with her.” Mintz characterized those findings as “sexual assault” and “rape.” . . .
Doe’s lawyer had presented text messages and phone records from Roe that undermined her claims about the duration of sex and her alleged incapacitation, noting she was able to walk “normally” out of Doe’s apartment and down to her friend on the street. A polygraph examination also supported Doe’s version of events, his lawyer said.
Wohlfeil’s Feb. 1 “minute order” denounces the university’s “well-intentioned, but deeply flawed, administrative system to investigate and review complaints of student misconduct,” which stacks the deck against accused students.
I don’t actually think that it’s well-intentioned.