Jane testified that she woke up to discover that John was molesting her. She was too terrified at first to cry out and then finally, when the assault ended, screamed for everyone to get out of the apartment. John denied the claims and instead claimed that he first heard Jane’s story when “she woke [him] up by basically yelling about someone hurting her.”

The two eyewitnesses testified that it would be “physically impossible” and “not physically possible” for Jane’s claims to be correct. They saw Jane wake up “confused, disoriented, and mumbling in foreign languages.” They thought she was having a bad dream.

Jane reported the alleged assault to police, and two days later submitted to an exam by the city’s Sexual Assault Response Team. The police did not take any action against John. The university, however, did. After a hearing, it sentenced him to a two-year (eight-quarter) suspension.

The university hearing was a carnival funhouse of due-process violations.