Another nightmare scenario based on a false allegation of rape. At least the judge is siding with the accused.

Matt Lamb writes at The College Fix.

Judge Rejects Occidental College Request To Seal Sexual-Assault Records

School’s own investigation suggests accuser wasn’t “incapacitated” when she had sex with expelled student

Occidental College’s belated attempt to seal records in a lawsuit against the school by an accused rapist was too little, too late for the judge overseeing the case.

Los Angeles County Superior Court Judge Luis Lavin agreed with the pseudonymous plaintiff, John Doe, as well as lawyers for the Los Angeles Times, that the records – which put Occidental in a bad light – have been public since the lawsuit was filed in February with no protest from Occidental.

Doe, who was expelled, accused the school of giving him an unfair hearing in response to his accuser’s allegations.

“I don’t understand why [it] is so pressing in June when it wasn’t so pressing in February,” Lavin said at last week’s hearing, according to the Times.

The school’s lawyer days earlier had asked the Foundation for Individual Rights in Education (FIRE), which is assisting with Doe’s lawsuit and maintains a cache of related files, to remove “confidential internal hearing materials” from its website.

FIRE refused to do so, saying in a blog post that “important evidence demonstrating the inadequacy of the current system” for judging sexual assault in college should “remain in the public eye.”

A spokesman for Occidental told The College Fix that it couldn’t comment on either pending litigation or individual misconduct cases.

The incident traces back to September, when John Doe had sex with his pseudonymous accuser, Jane Doe, after a night in which both were drinking.

Jane Doe filed a formal complaint against John Doe only after an Occidental employee insisted that she had been raped, saying that he “fits the profile” of a campus rapist by, among other things, having good grades in high school and coming from “a good family,” according to the lawsuit against Occidental. Jane Doe also filed a police report.

However, the Los Angeles Police Department’s investigation found no wrongdoing.


 
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