Judge Blocks Duke From Expelling Student Accused of Rape

Article here. Excerpt:

'This could be controversial: A North Carolina judge has blocked the expulsion of a male Duke University student accused of raping a fellow student. The ruling comes as Education Department efforts to micromanage campus sex crime policies have produced passionate debate over the role and responsibilities of colleges in handling rape and sexual assault claims.

In this case the accused student, Duke senior Lewis McLeod, claims the university expelled him without due process after he was accused of raping a female freshman. Superior Court Judge W. Osmond Smith III found McLeod "demonstrated a likelihood of success" concerning contentions that the school "breached, violated, or otherwise deprived the plaintiff of material rights related to the misconduct allegations against him" and granted a preliminary injunction against the expulsion.
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Duke considers sexual conduct to be "without consent" if an individual is "incapacitated due to alcohol or other drugs." But it also notes that "being intoxicated does not diminish one’s responsibility to obtain consent," which is a bit of a puzzling standard. "The perspective of a reasonable person will be the basis for determining whether one should have known about the impact of the use of alcohol or drugs on another’s ability to give consent," the student disciplinary code offers.

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