Judge Sides with Gay Brandeis Student Guilty of 'Serious Sexual Transgression' for Kissing Sleeping Boyfriend

Article here. Excerpt:

'A judge rebuked Brandeis University for denying fundamental due process rights to a student who was found guilty of sexual misconduct for a variety of non-violent offenses: most notably, because he had awakened his then-boyfriend with nonconsensual kisses.

The process that Brandeis employed to investigate the matter was "essentially secret and inquisitorial," according to Dennis Saylor, a federal judge who ruled that the accused student's lawsuit against Brandeis should continue.

This is a significant victory for advocates of due process in campus sexual misconduct investigations. It's also an implicit skewering of affirmative consent as official policy. The accused, "John Doe," was found responsible for stolen kisses, suggestive touches, and a wandering eye—all within the context of an established sexual relationship. His former partner and accuser, J.C., did not file a complaint with the university until well after the incidents took place. In fact, J.C.'s participation in Brandeis' "sexual assault training" program caused him to re-evaluate the relationship.'