SIOUX FALLS, S.D. (AP) - A federal judge has ruled that a student can move forward with a lawsuit against a Sioux Falls university that expelled him over a sexual assault allegation that was later dismissed.
Koh Evan Tsuruta is seeking unspecified damages from Augustana University for loss of educational opportunities, emotional injury and loss of future income. He alleges that the university employees handling his case weren’t properly trained in investigating and adjudicating allegations of rape.
Tsuruta was expelled when he was criminally charged after a woman with whom he had been drinking in July 2015 accused him of rape. The charges were dismissed in March 2016 without explanation.
Augustana’s lawyers last fall asked that the lawsuit be dismissed, saying the school didn’t violate any of Tsuruta’s rights and that he was trying to “seek vengeance” but had no case.
U.S. District Judge Karen Schreier recently denied the school’s request, the Argus Leader reported (https://argusne.ws/2rVzv5P ).
“Tsuruta has pleaded sufficient facts to support his claims,” she wrote in her June 16 order.
Augustana officials declined comment. Tsuruta first sued the school in October 2015 to halt proceedings to expel him until his criminal case was resolved. A federal judge denied his request and that lawsuit was dismissed.
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Information from: Argus Leader, https://www.argusleader.com
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