San Diego State University has lifted a 21-year-old student’s suspension after an investigation found allegations of sexual misconduct against him were unsubstantiated.
Francisco Paiva Sousa – a transfer student from Portugal – was arrested on Dec. 8, 2014, on suspicion of oral copulation with force and false imprisonment with force against a female student, campus police told NBC 7 at the time.
The student's arrest came amid 13 reported sex assaults on or around the SDSU campus in one semester. Seven of those reported cases happened at locations classified as a fraternity or student housing.
Sousa’s case was ultimately rejected by the San Diego County District Attorney’s office on Jan. 28, 2015.
Sousa’s attorney, Domenic J. Lombardo, provided documents that confirm the university has closed his case. NBC 7 reached out to SDSU, but school officials said they cannot comment on the matter or any lawsuits stemming from this case.
According to documents provided by Sousa’s attorney, the suspension against Sousa was lifted in early June after an investigation found “insufficient evidence exists to support the allegations [of sexual misconduct].”
As a result, a hold was lifted from Sousa’s transcripts and, as the documents state, “he’s free to return at any time he wishes.”
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Sousa’s attorney said SDSU officials sent out a mass, campus-wide email on Dec. 9, 2014, which called Sousa out as a sexual predator, listed the allegations against him and identified him by name.
“The email stigmatized him in a lasting and terribly harmful way,” Lombardo said.
“The email basically accused me of being a criminal,” Sousa told NBC 7 Wednesday.
Sousa plans to file a lawsuit against SDSU.
He also wants the school to clear his name by sending students and staff a mass email saying all charges in his case were dropped.
Sousa – who’s now enrolled at a different school in California – told NBC 7 the ordeal has been difficult for him and his family.
“It was very hard for me and for my family,” Sousa said. “I’m gonna stand up and I’m gonna try to prevail, and I’m going to overcome this. I’m sure that with the help of my family and with the help of my friend, we will be able to overcome any obstacle.”
Sousa said the allegations ruined his reputation. In some cases, some students only knew him from the mass email sent out by the university. He said he received hate mail at one point from fellow students who didn't know him better.
“My reputation got completely tarnished,” said Sousa. “But I’m not the only victim here. Real rape victims are also affected by lies, when someone makes a false accusation.”
“I’m now trying to rebuild the remains of what I once had,” he added. “I hope to have a better life in the future.”
