Judge Sides With Duke Student Accused of Rape, Blocks Expulsion
This is an update to a story we told you about last week.
Jacob Gershman reports at the Wall Street Journal.
Judge Blocks Expulsion of Duke Student Accused of Sexual Misconduct
A North Carolina judge has stopped Duke University from expelling a male student who was accused of rape by a female freshman.
Duke, which came under fire in 2006 for its handling of rape accusations against lacrosse players who were later exonerated, has found itself back on the defensive, as it battles a claim by a student that it expelled him without a proper investigation and due process. State prosecutors in the earlier case dropped all charges against the players, declaring them innocent victims of a district attorney’s rush to judgment.
The unusual case comes as colleges around the nation face growing pressure to go after sexual-assault crimes on campus. Dozens of schools have come under investigation by the Obama administration for their perceived inadequate handling of sexual violence or harassment complaints.
The Duke case also comes amid criticism by some student civil liberty advocates who say campus systems for adjudicating complaints lack safeguards for protecting the rights of the accused.
Superior Court Judge W. Osmond Smith III on Thursday rejected Duke’s effort to dismiss a lawsuit filed by the accused student, Lewis McLeod, a senior who accuses the university of violating his contractual rights. The ruling blocks Duke from expelling him at least for now.
“The plaintiff has demonstrated a likelihood of success on the merits as to his contentions that the defendant has breached, violated, or otherwise deprived the plaintiff of material rights related to the misconduct allegations against him and the resulting disciplinary process addressing such allegations,” the judge wrote.
Judge Blocks Expulsion of Duke Student Accused of Sexual Misconduct (The Wall Street Journal)