example case:
UC San Diego didn't give male student fair trial in sex case, judge rules
http://touch.latimes.com/#section/-1/article/p2p-83989229/
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.
"It's a huge relief," said Doe, who asked for anonymity to protect his future academic and career plans.
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."
In the San Diego case, Doe met the accuser, identified as Jane Roe, at a party in January 2014 and began a sexual relationship later that month. Both sides agreed that at least some of the sex was consensual. But four months later, in June, Roe filed a complaint alleging three instances of sexual misconduct in late January and early February, all of which Doe denied.
Elena Acevedo Dalcourt, UC San Diego's campus complaint resolution officer, found insufficient evidence for two of the charges but determined that the third allegation of digital penetration without consent was valid.
