HIGHER EDUCATION BUBBLE UPDATE: Student informs school he was being falsely accused, school investigates him.
An Augustana University student is suing his school after being expelled following an accusation of campus sexual assault.
The student says in his lawsuit that he initially told the school that a fellow student had been falsely telling people he had raped her. He “asked the school to intervene.” Instead, the school went to the accuser and suggested she go to the police. The accuser did so and on Aug. 4, 2015, the accused student was arrested and charged with sexual assault. (The full filing in the U.S. District Court for the District of South Dakota can be found by subscribers to Pacer.)
Just 24 hours after the accused presented evidence that showed he couldn’t possibly have committed the rape as described, the charges were dismissed, according to the lawsuit. Most notably, the accused had lost his feet in a car accident and couldn’t physically have committed the rape. He also mentioned that this particular accuser had previously falsely accused other Augustana students of rape, including an ex-boyfriend.
The day after the accused student was arrested, the accuser filed a complaint with the school. Augustana immediately suspended the accused student. Even though police dismissed the charges, the school continued with its investigation and adjudicated the accusation on Oct. 8, 2015.
Colleges should face heavy damages for this.