DSU student who was cleared of rape charges sues school

[Joel thakkar]

A Delaware State University student who was kicked off campus for 45 days before being cleared of rape charges is suing the school for damages, saying his civil rights were violated.

In a federal lawsuit, Andre L. Henry, 21, said the school did not provide him due process while it reviewed criminal charges that already had been dropped.

“We found out yesterday that his on-campus disciplinary charges were found to be ‘not responsible,’ ” his attorney, Daniel C. Herr, said Tuesday, referring to DSU’s General Judicial Council’s investigation.

“We are still moving forward for damages because he was suspended for a total of 45 days pending a full investigation and full hearing, which we allege is a violation to his right to due process,” Herr said. “For 45 days he was kicked out of his home, ... he was kicked off campus, he was kicked out of school, all based on an allegation.

“You can’t do that for 45 days and then finally say ‘Oh, we’ve come to our decision. He was found not guilty.’ ”

Full Article - http://www.delawareonline.com/article/20131217/NEWS01/312170088/DSU-student-who-cleared-rape-charges-sues-school



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This is a perfect example of false rape allegation. Yes, they do happen (not common yet they do happen) but it's just that they are not publicized that much in the media. I hope that man sues university for all the humiliation he felt for 1.5 months and even sues that girl who did the false rape allegation.

[In_The_Wind]

2. imo: He should have been allowed to continue his life/education while he was free.

[lumberjack_jeff]

3. DSU's actions are the opposite of "innocent until proven guilty".

We can argue all day about the frequency of false rape allegations (or mistaken identity), but it's patently obvious that the number is nonzero.

Because of that, punishment should begin at conviction, not accusation.

[Sen. Walter Sobchak]

4. There is right and wrong, and then there is campus politiking

One of my friends teaches at a university that spent more than half a million dollars investigating a "cover-up" that never happened of an "incident" that didn't involve any member of the university community based on bizarre, almost implausible allegations made by a group against the nursing program. They even flew private investigators all over the country to interview former students about the night in question. The fact that some of the women showed up for these interviews with lawyers or simply refused to meet with the investigators only served to perpetuate it. "Look how guilty they look!"

These are sensitive situations that don't bring out the best in academic governance. Is it cowardice? Certainly. But would you handle it any better in the face of an outrage onslaught?