Grad student takes Cal State San Marcos to court over sex case

A San Diego male, Student Doe, who was completing his master's degree at California State University San Marcos, has sued the university in federal court, claiming that the school falsely accused him of sexual misconduct, withheld his academic transcripts and degree, and denied him access to the reports of his female accuser, called "the Accuser" in the suit.

The event happened in Germany, where both were visiting students. Each was a student at a state university school. After visiting several bars, Student Doe and Accuser had sexual intercourse between 2 a.m. and 4 a.m. on June 19 of last year. She has accused him of rape, and he insists that she was not too intoxicated to give informed consent. After an investigation the university found her account credible and his not credible. Student Doe's appeal to the chancellor's office was denied. He says he has been denied his Fifth and Fourteenth Amendment rights.

He asked for a temporary restraining order that would block the university from enforcing the chancellor's orders. But on July 7, Judge William Q. Hayes ruled that Student Doe had asked for the order without informing the Accuser of the factual basis underlying his motion. Therefore, Hayes denied the temporary restraining order.