reported to the university. eva says she was stunned when the administration notified her in an e-mail that they were investigating her case. were you reluctant to go through with the process? yes. i didn t want to do it. but they said we don t need your consent. this is happening. once it started, i had to beg and plead and call incessantly and ask the university to keep me notified, keep me aware, tell me what the next steps are, and they they just ignored my calls, they didn t respond, when they did they were not helpful. reporter: the school found him responsible and then what happened? they suspended him effective immediately for two years. and then he appealed. reporter: he won the appeal, it turns out, the university had the wrong date, the actual date of the alleged assault was beyond their statute of limitations, eva watch her case fall apart over a procedural
do that. reporter: in campus hearings guilt has a lower bar. it s not beyond a reasonable doubt but for most universities the standard is weather the accused is more likely than not responsible. in thus case, the ucsd hearing panel found the accuser was credible in her assertion he tried to digitally penetrate her and he ignored her objections. they ruled that, more likely than not, he violated the student code for sexual misconduct. every time he appealed his punishment was increased, with no explanation. when you learned you were suspended for more than a year from school, how did you feel? at that point i was pretty devastated because if i m suspended or expelled from a school i don t have many options left in my future. reporter: so he took the university to court and in a highly publicized ruling a judge overturned the sanctions, ruling that ucsd s hearing was unfair
contested where are the letters? another school that you featured in the film fsu florida state university, in a letter to cnn, fsu, that s of course the school where jameis winston was accused of rape they call your film quote unfair. fsu says they provided a vic s advocate. they did take action toward the victim. and they took in an independent judge to investigate her case. what is your sigh? how do you respond? you know, erika has told her story four or five times on the record, and she has been completely consistent all the way through. she s extremely credible. whatt what happened here to fsu took two years for a case. fsu was aware of this problem. the florida state football coach, the florida state police,
him of any of the charges connected in the case except for a lesser included minor misdemeanor, but the grand jury failed to indict him on anything to do with camilla willingham and they didn t believe her. and the harvard law school, when this case went up on appeal to the law fact ul it i, majority of the faculty decided that there wasn t enough evidence to find him responsible. and she was just not credible in the in any point in time. hold on one second. i between challenge you on that, mr. zalkind. sheep was credible enough that the first process, the process by which your client was expelled, did go in her favor. first when harvard looked at this case, they believed camilla s story, not your client s then what happened was there was an appeals process. let me finish. appeals process unlike any appeal process we know as
same time, the accused students have rights. reporter: the ucsd case is one of more than 20 brought against universities in recent months by students found responsible for sexual misconduct. we re going to see a lot more of these cases coming down. reporter: she s a vocal critic of the tribunal process. if any of these cases are actually cases where someone is raped, what that means with the unfair process will make the case vulnerable to be overturned and the victim will not be vindicated. reporter: she believes that universities are overreacting to a 2011 letter win by the department of education which said sexual harassment of students which includes acts of sexual violence is a form of sex discrimination prohibited by title nine. schools must adjudicate these cases or risk losing federal