Another win for due process on campus.

Robby Soave reported at Reason.

Student Wrongfully Expelled for Rape Triumphs in Court: Due Process Beats ‘Yes Means Yes’

A judge overturned the expulsion of Corey Mock—a University of Tennessee at Chattanooga student and star wrestler—after determining that UTC’s administration had improperly required Mock to prove that he was innocent of sexually assaulting another student.

The decision is a significant blow to the concept of affirmative consent. According to Judge Carol McCoy, UTC’s consent standard wrongfully shifted the burden of proof and violated Mock’s due process rights.

Mock’s expulsion stemmed from a sexual encounter with a fellow student, Molly Morris, during the spring of 2014. Morris and Mock had met online and quickly become friends; they hung out on several occasions and decided to attend a house party together. Morris had too much to drink—someone might have slipped her something, though no evidence established this—and went to the bathroom to be sick. Mock found her, took her to a bedroom, and they had sex.

A week after the incident, Morris told Mock that she had not given consent. Three months later, she formally accused him of raping her.

The campus judicial process initially cleared Mock, but UTC Chancellor Steven Angle took an interest in the case after meeting with Morris. Angle asked the campus adjudicators to re-hear the case. This time, Mock was found guilty.


 
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