Judge says "regret" at root of rape case

Article here. Excerpt:

'Administrators at the University of California San Diego failed to properly investigate sexual assault allegations against a male student and increased sanctions against him for appealing their decision, ruled superior court judge Joel Pressman on Friday, July 10. 

A female student accused the 20-year-old male, known as John Doe, of inappropriately touching her on the morning of February 1, 2014. The male student denied these allegations and later told an officer who was investigating the accusations that the two had had sex both the night before and after the alleged touching occurred. However, John Doe's statements to investigating officers, as well as other evidence, was not allowed to be presented during the Title IX sexual misconduct hearing.

"The Court finds that substantial evidence does not support the finding of non-consensual sexual activity," reads judge Pressman's July 10 ruling. "First, as stated above, crucial findings...were based upon [the officer's] investigation summary that was not presented at the hearing in any meaningful way. Given the fundamental unfairness of relying on this report without a meaningful opportunity for petitioner to challenge its contents, the court has no choice but to exclude the report from consideration in evaluating whether substantial evidence exists to support the conclusion."'

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