UT accused of violating man's right to due process in allegation of drunken sex
A physics major one semester away from graduation is suing to stop University of Texas-Austin from expelling him based on the unproven accusation he sexually assaulted a woman in a drunken, off-campus encounter.The persons complaining about the encounter should have been referred to the Austin Police Department so that any resulting case would provide for a fair hearing for both sides.
In one of the latest cases of male college students turning to the courts after being punished by public universities for being accused of sexual assaults, the 21-year-old man identified as John Doe in legal papers claims the school is violating his Constitutional right to due process. His alleged victim, who did not attend the school, never filed a police report, according to his lawyer, yet the school took action based on her father’s complaint.
The alleged incident occurred on March 6, 2015, after a night of heavy drinking at a house party where Doe met two unnamed women, according to the lawsuit. The three spent the night at an off-campus apartment belonging to one of the women, where Doe had sex with one woman that night and the other the next morning, according to the lawsuit.
The father of the woman who had sex with Doe the next morning told campus police of the encounter a month later, prompting a school investigation. Doe told investigators that the woman was enthusiastic about the encounter and talked about being in a pornographic movie.
“It’s not just me raping this drunk girl,” Doe told investigators, according to the lawsuit.
But the alleged victim later told her friend, who had had sex with Doe hours earlier, that she was still intoxicated from the previous night and was in fact unconscious during sex.
“I don’t remember throwing up, or coming home, or having this random … guy in my bed,” the alleged victim texted her friend, according to the lawsuit. “I didn’t want this guy. At all. This guy wanted me and got me when I wasn’t conscious.”
Her friend reportedly responded, “Dude I didn’t realize you were unconscious, you were talking to me,” according to the lawsuit.
...This appears to be a clear violation of the accused right to due process and to representation. The school has no right to a Star Chamber proceeding to deny the rights of the accused.
Roark said UT-Austin's policy barred Doe from having legal representation, cross-examining the accuser or even calling on testimony from corroborating witnesses, including the other woman. He scoffed at the “27-year-old education grads” he said typically staff the school-run probes.