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ASU v Mr. M (DMC No. 13778)

Student Not Expelled – Title 9/School Disciplinary Hearing (Sexual Assault and Endangerment) ASU v Mr. M (DMC No. 13778) (Arizona State University Student Rights and Responsibilities Office Investigated):  Mr. M has not been feeling well and was in his student dorm room when he heard a party going on across the court yard.  He looked out of his window, and saw somebody wave him over to the residence across the way.  He changed his clothes, and walked over about 10 minutes later.  The door was open, and as he walked into the dorm room and walked around, he heard voices inside the room, but nobody was there. He then heard people enter the room, and he got scared and hid in a closet.

Ultimately, a female student entered the room and turned out the lights in order to go to sleep.  He walked out of closet and immediately exited the dorm room.   He was followed by another student, and eventually the police were called to Mr. M’s apartment.  He was then arrested.

He was subsequently accused of violating the Student Code of Conduct regarding ABOR Code 5-308 (F-2) entitled Endangerment; Code 5-308 (F-9) entitled Trespass and Code 5-308, (F-23), Entitled Non-Consensual Sexual Conduct.  We were able to show at the Hearing that Mr. M had been ill, plus he had been experiencing other mental issues which now required medication.  He had no intent of harming anyone, but generally thought he had been invited over to a party.  ASU ruled that he was not in violation of the Trespass or Sexual Conduct Codes of Conduct, but that he was only in violation of the Endangering Code of Conduct.  He was not expelled, and was allowed to finish out his classes and graduate from ASU.

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