Student accused of sexual assault sues over school dismissal

URBANA, Ill. (AP) - A former University of Illinois student accused of sexual assault has filed a lawsuit alleging the school violated his constitutional right to due process.

The unidentified former student is accused of sexually assaulting a fellow student while she was intoxicated and unable to consent on Dec. 4, 2016, The News-Gazette reported. He was dismissed from the university in April 2017 after a review.

The lawsuit alleges the accused student wasn't given a proper hearing. It seeks a new hearing and for the dismissal to be reversed.

"I think this is a precedent-setting case that is going to have potentially wide implications across the country for all universities," said Mark Roth, an attorney for the dismissed student. "Hopefully, we'd have a decision in the next 120 to 150 or 180 days."

University spokeswoman Robin Kaler said she can't comment on specific cases, but said that accused students have "multiple opportunities" to tell their side.

"The decision is based on the written record of the investigation, and though respondents don't meet in person with the panel members who decide the case, they can participate throughout that investigation and address the panel members in writing," Kaler said.

Roth said his client currently lives in California and attends a community college.

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This story has been corrected by The News-Gazette since being published to show the student was dismissed in April 2017 not April 2016.

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Information from: The News-Gazette, http://www.news-gazette.com