MTC– After several troubling court decisions on the handling of college sex cases, a state judge in California has issued a ringing defense of due process. The ruling by Judge Joel Pressman, first reported by Ashe Schow, held that the University of California-San Diego (UCSD), had provided a fundamentally unfair procedure to a student accused of sexual assault. Scott Greenfield has an excellent analysis of the ruling, which also has been covered by theWashington Post and the Los Angeles Times, as well as by FIRE.
The case involved two students (both pseudonymous) who had a brief affair in early 2014. Contemporaneous text messages the accuser sent suggested that the intercourse had been voluntary, and that the accuser was at least somewhat experienced with alcohol. The sexual relationship quickly ended, but soon after the accused student attended a late spring social event at the accuser’s sorority (with another date), the accuser filed a complaint with UCSD. more