Professor Michele Dauber comments on the expulsion of an Occidental College freshman after accusations of sexual assault for Business Insider. 

Occidental College is a small liberal arts school in the Eagle Rock area of Los Angeles that for years was best known as the institution where Barack Obama used to smoke cigarettes and hang out with “Marxist professors and feminist structuralists and punk rock performance poets,” as he wrote in his memoir, “Dreams from My Father.”

But in recent years it's become better known as a flashpoint in the campus sexual-assault crisis. An ongoing legal dispute over a drunken sexual encounter between two freshmen, which occurred one year ago last week at the college, has become a battle over how to define the terms that govern campus sexual-assault policies.

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John Doe seems to be taking the only route he can to appeal his expulsion, Stanford law professor Michele Dauber told Business Insider.

“He admits to having sex, so his only potential argument is that she didn't appear incapacitated, that he didn't know she was incapacitated, and that it was unreasonable for him to know,” Dauber, who has reviewed John Doe's lawsuit and the eventual report that led to his expulsion, said.