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wrongfullysuspendend

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sappystudent615

Junior Member
I got suspended from UC Davis under Title IX for alleged stalking. The investigator claims the preponderance of evidence shows that I was guilty of stalking. However, there is no actual proof. It is his word against mine and his witness corroborated his claims (but I had a previous sexual relationship with his witness). I was never involved with the complainant. He had relations with my best friend and he filed a report against the both of us. He claims we followed him into his building, moved closer to him in the dining commons, and took pictures/videos of him. The investigator has a video of us in the dorm lobby working on homework. She states this is circumstantial evidence that we were always there. The meal swipe records show that we were always in the D.C. before him but she states that us just being in there at the same time is circumstantial evidence that we could have moved closer. She has no evidence of us taking pictures or videos other than the claims made by the complainant and his friend. Furthermore, the complainant did not report to the school. He talked to student housing who reported to the school. He never consented to an investigation and constantly stated that he did not want me or my co-respondent to be disciplined. All parties stated that the matter had already been resolved in March yet the school investigated the matter starting April. We were charged with a 2 year suspension and disciplinary probation until graduation. Our appeal was denied. We believe they violated our right to due process because we were not allowed to speak or cross-examine the witnesses. We did not even know who the witnesses were until the case was closed. The university also violated Title IX in failing to inform the complainant of his right to go to the police, failing to inform the complainant of his right to not report, failing to respect the complainants wishes, sexual discrimination in believing the males over females for no evident reason, creating a hostile environment, failing to report and investigate issues brought to employees by the respondents, and failing to have clear procedures stated in school policy. Furthermore, the process is only supposed to be 60 days but it took them 116 business days.
 


Zigner

Senior Member, Non-Attorney
I got suspended from UC Davis under Title IX for alleged stalking. The investigator claims the preponderance of evidence shows that I was guilty of stalking. However, there is no actual proof. It is his word against mine and his witness corroborated his claims (but I had a previous sexual relationship with his witness). I was never involved with the complainant. He had relations with my best friend and he filed a report against the both of us. He claims we followed him into his building, moved closer to him in the dining commons, and took pictures/videos of him. The investigator has a video of us in the dorm lobby working on homework. She states this is circumstantial evidence that we were always there. The meal swipe records show that we were always in the D.C. before him but she states that us just being in there at the same time is circumstantial evidence that we could have moved closer. She has no evidence of us taking pictures or videos other than the claims made by the complainant and his friend. Furthermore, the complainant did not report to the school. He talked to student housing who reported to the school. He never consented to an investigation and constantly stated that he did not want me or my co-respondent to be disciplined. All parties stated that the matter had already been resolved in March yet the school investigated the matter starting April. We were charged with a 2 year suspension and disciplinary probation until graduation. Our appeal was denied. We believe they violated our right to due process because we were not allowed to speak or cross-examine the witnesses. We did not even know who the witnesses were until the case was closed. The university also violated Title IX in failing to inform the complainant of his right to go to the police, failing to inform the complainant of his right to not report, failing to respect the complainants wishes, sexual discrimination in believing the males over females for no evident reason, creating a hostile environment, failing to report and investigate issues brought to employees by the respondents, and failing to have clear procedures stated in school policy. Furthermore, the process is only supposed to be 60 days but it took them 116 business days.
Thank you for sharing. If you feel your rights were violated, I would suggest that you speak with the university ombudsman. If you are not satisfied with the response, then contact an attorney who specializes in educational law.
 

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