Student accused of rape sues Augustana over discipline


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SIOUX FALLS, S.D. (AP) — An Augustana University student accused of rape has filed a lawsuit against the Sioux Falls school, claiming it's violating his rights by moving to expel him before he's had a chance to defend himself in court.

The federal lawsuit filed last week by Koh Evan Tsuruta calls for the university to suspend its disciplinary hearing until his criminal case is resolved.

The university says its action follows federal guidelines regarding reported sexual assaults, and that Tsuruta has no legal grounds to force the school to delay its hearing.

"It would have to be a challenge to the Department of Education," said Rick Tupper, director of campus safety.

Tsuruta is accused of raping a woman on July 3 after he, she and others went to a bar. He declined comment to the Argus Leader newspaper (http://argusne.ws/1JS9qRg ).

Jonathan Taylor, founder of the organization A Voice for Male Students, said he is aware of at least 89 similar lawsuits nationwide. Universities have a much lower burden of proof than the criminal justice system, and the result often is a lack of due process for the accused, he said.

Courtney Bowie, legal director for ACLU South Dakota, said she can see both sides of the argument.

"The school has an obligation to provide a safe place for woman, so the fact they are proceeding makes perfect sense," Bowie said. "I also know, as someone who cares about the rights of someone accused of a crime, that he has a right not to incriminate himself."

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Information from: Argus Leader, http://www.argusleader.com

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