Student Accused Of Sexual Misconduct At Center Of Controversy On Campus In Riverside

RIVERSIDE (CBSLA.com) — A student accused of sexual misconduct is at the center of a college campus controversy as the school wants him expelled but he's fighting to stay.

Right now, the La Sierra University student is on a study abroad visa facing expulsion and deportation to his undisclosed home country.

The case is headed to court.

"What it stems from is an off-campus party," said Mark Hathaway, the attorney representing the student accused of sexual misconduct.

As Hathaway explains, his client was with an unnamed woman at an off-campus party getting stoned and drunk. The two, he says, were getting intimate and then something happened.

"At some point, she reacted negatively. She began to cry and John Doe stopped what he was doing," he said.

The incident was reported to La Sierra staff and the school tried to expel the unidentified male student.

But a judge stepped in and let him finish the academic year.

Now, the male student is registered for the fall semester, which is causing tension.

"I think it's fair that he's expelled because our school guarantees safety," said Quristal Autry, a La Sierra University student.

The university would not confirm any details about the case, only releasing this statement: "We're defending this case on the merits ... We believe it's a defensible case."

Hathaway says his client didn't violate anyone and never got a fair hearing about what happened.

But some in the community feel the process was just.

"I don't think he should go back to school if he's being accused of those charges. That's not right," said another student.

A judge is expected to rule on the case on Sept. 16.