A UC Berkeley student is taking legal action against the UC Board of Regents in order to reverse a “groundless” suspension she received from the campus after she was found more likely than not to have violated Title IX policy.
On Feb. 27, a case was filed in the Superior Court of California, County of Alameda against the UC regents by a student facing two years of suspension, along with other sanctions, effective until May 2020.
The investigation into the plaintiff began after a former partner of the student filed a complaint against her. A second partner was interviewed, and after his testimony, the university opened another investigation of the petitioner.
According to the lawsuit, Ben Fils, a case manager and conduct coordinator with the Center for Student Conduct, determined that in both cases, there was a “preponderance of evidence” that the petitioner had violated the university’s Sexual Violence and Sexual Harassment, or SVSH, Policy against stalking and sexual harassment, along with some provisions in the UC Code of Conduct related to harassment.
Fils also determined that in the original complainant’s case, the petitioner was found more likely than not to have violated a no-contact directive, although the lawsuit argues that the accused did not know of the directive at the time of the violation. At that time, Fils imposed sanctions against the petitioner.