A 21-year-old University of Texas-Austin student is suing the school to keep from being expelled one semester before graduating after being accused of raping a woman, Fox News reports. His lawsuit claims a disciplinary hearing scheduled to decide his fate violates "his Constitutional right to due process." The College Fix explains the unnamed student won't be able to call witnesses or cross-examine the alleged victim during the hearing. The school has already recommended he be expelled. The alleged sexual assault took place last March after the student met two women at a house party and went home with them. He had sex with one of the women that night before having sex with the alleged victim in the morning.
The lawsuit states the student believed the alleged victim was consenting to sex, in part, because she "talked about being in a pornographic movie." But she later texted her friend that she was still unconscious from heavy drinking the night before and didn't remember having sex with the student. The lawsuit points out the alleged victim never filed a police report (she did talk to campus police, and her father later complained to the school) and claims she later told her friend the sex must have been consensual because it sounded "passionate" even though she didn't remember it. The University of Texas-Austin released a report Monday detailing how its officers deal with sexual-assault allegations, according to the Texas Tribune. “Trauma victims often omit, exaggerate, or make up information when trying to make sense of what happened to them or to fill gaps in memory,” the report states. “This does not mean the sexual assault did not occur.” (Read more rape stories.)