A male student who was accused of being a sexual harasser and suspended from school for supporting a drunken female classmate filed an administrative lawsuit against the president and won.
The 1-1st Administrative Division of the Incheon District Court (Chief Judge Hyun-seok Lee) announced on the 18th that it ruled in favor of the plaintiff in a lawsuit filed by college student A seeking cancellation of disciplinary action against the president of a university in the metropolitan area.
The court revoked the ‘three-week temporary suspension’ that the university had issued to Mr. A on January 17 and ordered the university to bear all legal costs.
On June 10th last year, Ms. A left for a university retreat ( MT ) with her fellow female student B and others to a pension in Gapyeong-gun, Gyeonggi-do. The next morning, Mr. A helped Mr. B, who was drunk, on the road near the pension.
On the 15th of the same month, Ms. B reported to the University Human Rights Center, saying, “She was sexually assaulted by Mr. A. She said that Mr. A put his메이저놀이터 hand inside her underwear and touched her breast.”
Ms. A was given a three-week suspended sentence seven months after receiving her report, following deliberation and resolution by the on-campus Sexual Harassment and Sexual Violence Complaints Review Committee and the Student Life Guidance Committee.
Accordingly, Mr. A filed an administrative lawsuit, saying, “She only put her wrists between the armpits of Mr. B, who was drunk, to help him stand up, but she did not molest him. There is no reason for her disciplinary action.”
Mr. A claimed that “the university took disciplinary action solely on the fact that ‘there was physical contact and Mr. B felt sexual shame.’”
The court said, “The university should have confirmed the specific physical contact that occurred, but took action without judging it,” and added, “It is a failure or neglect of discretion by omitting matters that should have been taken into consideration while exercising disciplinary authority.” pointed out.
He continued, “According to the university’s disciplinary standards, a three-week suspended suspension corresponds to a case where the degree of conduct is severe. Assuming that the plaintiff unintentionally touched the chest to support the victim, the punishment is excessive compared to the degree of misconduct for which the disciplinary action is warranted.” Therefore, it was a deviant abuse of discretion.”
