Miltenberg: “Former CU Boulder Student Sues University Over Sex Assault Investigation,” Daily Camera

10.26.18

A former University of Colorado student whose sexual assault case was dismissed has sued the school, claiming the school did not conduct a fair investigation before expelling him in 2016. The lawsuit, filed in U.S. District Court, claims the defendants violated Messeri’s 14th Amendment due process rights, Title IX rights, and also accuses the defendants of breach of contract and unjust enrichment. “The university used this flimsy information to persuade law enforcement to pursue an investigation while moving forward to suspend Mr. Messeri, all without providing a hearing and the right for him to cross-examine the complainant,” Messeri’s attorney Jason Savela said in a statement. In addition to Savela, Messeri is being represented by Andrew Miltenberg, who has already filed a similar lawsuit against CU this year on behalf of another former male student accused of sex assault.”CU administrators manipulated the system, enticing, perhaps even working on behalf of law enforcement, using less than credible information and denying Girolamo his most basic due process rights,” Miltenberg said in a statement. “There’s no other way to put this other than saying that there is an unholy alliance between the school and law enforcement and this is now part of a troubling trend in Boulder.”

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