A lawsuit filed by a student against the University of San Diego, claiming the school didn’t properly handle her complaint of sexual assault, has been dismissed.
After months of review, evidence submitted by USD showed a significant difference between the allegations made in the February lawsuit and what actually happened, according to a news release from the university.
The student agreed to dismiss her lawsuit without prejudice, meaning it could still be refiled should any new evidence be found.
The lawsuit, filed Feb. 13, had claimed the 29-year-old woman was raped by two men in the bathroom at an off-campus party in May 2013. The woman told NBC 7 at the time that she did not immediately report the incident to police because she was afraid.
She claimed at the time that the school dissuaded her from reporting the incident to San Diego police and from pursuing administrative action against the men.
David Bristol, an attorney who represented the two accused students, said USD took her allegations very seriously, conducting their own investigation through the school police department.
School officials appointed a three-member panel to hold an administrative hearing on the incident.