INNOCENT CU Boulder Male Student Sues University Over Sex Assault Investigation
A former University of Colorado student whose sexual assault case was dismissed has sued the school, claiming the school did not conduct a fair investigation before expelling him in 2016. Giroloma Messeri filed a suit against the university, Chancellor Phil DiStefano, Title IX Coordinator Valerie Simons, Deputy Title IX Coordinator Regina Tirella, and two Office of Institutional Equity and Compliance investigators and three standing review committee members. The lawsuit, filed in U.S. District Court, claims the defendants violated Messeri’s 14th Amendment due process rights, Title IX rights, and also accuses the defendants of breach of contract and unjust enrichment. Messeri was charged with sexual assault for an alleged 2016 incident, but the Boulder District Attorney’s Office dismissed the case in August, saying it did not believe it could get a guilty verdict at trial. “The university used this flimsy information to persuade law enforcement to pursue an investigation while moving forward to suspend Mr. Messeri, all without providing a hearing and the right for him to cross-examine the complainant,” Messeri’s attorney Jason Savela said in a statement. According to the lawsuit, video surveillance and witness statements of Messeri and the woman’s behavior corroborate Messeri’s assertion that the sexual activity was consensual. In addition to damages, Messeri is asking that his disciplinary record be cleared, the woman’s complaint be destroyed, and the restraining order preventing him from visiting the CU dorms be lifted.
dailycamera By Mitchell Byars
