A recent appeals court decision is requiring that college students accused of sexual assault be given more rights, including the right to a fair hearing and the ability to cross-examine their accuser.  

The decision was made last month, prompted by a 2014 case where a male student at the University of Southern California was accused of being involved in the assault of a female student. 

USC found that the student had violated several student conduct codes. The violations include “engaging in non-consensual sexual conduct” and “encouraging or permitting others to engage in misconduct.”

According to court documents, the male student was involved in a group sexual encounter which endangered the female student. 

The female student said that although she initially consented to sex with him, she did not consent to activities with the other men involved. Those activities included nonconsensual penetration and being slapped twice by the other men. 

The accused student claims that he was denied a fair hearing. USC ultimately agreed with him, stating that the office of Student Judicial Affairs and Community Standards did not provide “any factual basis” for the charges. Its investigation failed to prove that he was responsible for directing or encouraging the other men to do anything to the woman, according to court records. 

The court ultimately decided that he violated at least once student conduct code, affirming that there was substantial evidence to prove that he endangered the woman by leaving her unattended in the bedroom. All other charges were reversed. 

--Katie Morris