University settles with student expelled over sexual assault

A University in Ohio has settled a lawsuit with a former student who sued after being expelled over a sexual assault allegation. A freshman female student accused a male student of assaulting her on the way home from a party where alcohol was served. The male was expelled following a November student disciplinary hearing. The falsely accused student filed a lawsuit the following month, alleging libel, defamation, negligence and infliction of emotional distress, among other things, and said he was illegally prohibited from using an attorney and presenting evidence or testimony.

The University’s vice president for student development, said via email that she “cannot confirm that a settlement has been reached, but we can confirm that the case has been dismissed in the courts.” Asked to clarify, she emailed, “The matter was resolved by mutual agreement and together we sought dismissal by the court.” The falsely accused’s attorney, Eric Rosenberg, said via phone that there was a settlement but the case is officially recorded as dismissed because of semantics.

Rosenberg’s case was one of a growing number of lawsuits filed by men who are punished following campus judicial proceedings, in some cases under Title IX, the same federal statute that women point to when alleging campuses handle their sexual assault allegations improperly. Rosenberg told the student newspaper, “I’d like to convey to students the risk of being involved with women who have been drinking…. because later she may say she was sexually assaulted.”

Source: Educational 2014: edited by SOS to maintain confidentiality

 

 

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