Rape charge against Augustana student dismissed

Rape and other charges have been dismissed against an Augustana University student who was suspended and almost expelled after he was arrested.

Koh Evan Tsuruta was charged with second-degree rape, simple assault and false imprisonment after the woman he had been drinking with in July 2015 said he raped her.

The case was dismissed without prejudice, Minnehaha County Deputy State’s Attorney Amanda Eden said Wednesday.

"The state could certainly consider refiling in this matter if able to proceed in the future," she said.

Eden said she could not comment on the circumstances surrounding the case’s dismissal because of confidentiality issues.

Augustana's handling of Tsuruta's case promoted concerns from some who felt his due process rights were violated by the disciplinary process. The university immediately suspended Tsuruta after he was arrested and began a 60-day disciplinary process that could have ended in expulsion.

In 2011, the U.S. Department of Education sent a letter to universities ordering them to conduct swift investigations following reports of sexual assault. The letter mandated a disciplinary hearing take place within 60 days of a report being made. Punishments range from suspensions to expulsions.

Tsuruta sued the university claiming it was violating his rights by moving to expel him before he had a chance to defend himself in court. He called for the university to suspend its disciplinary hearing until his criminal case was resolved.

The university refused and said there was no legal standing to force it to delay the hearing. Eventually, the lawsuit was dismissed.

According to the arrest affidavit, the victim told police she was raped July 3 following a night at a local bar. She was out with friends, including Tsuruta, and the group later went to Tsuruta’s apartment in the 2400 block of South Grange Avenue.

After others had left the apartment, Tsuruta made sexual comments to the woman and got undressed. The victim told police she tried to leave the apartment, but Tsuruta tossed her on a bed, pulled down her underwear and shorts, and raped her. The victim said she was able to get away from Tsuruta.

According to the affidavit, the victim confronted Tsuruta about the attack in a text message, and Tsuruta apologized for his actions. She reported the rape to Sioux Falls police Aug. 1.

Jonathan Taylor, founder and director of Boys and Men Education, said the due process afforded criminal defendants is not the same as the due process of a student in a school proceeding, which causes a problem.

Taylor said lawsuits such as the one Tsuruta filed against Augustana are coming up more frequently, adding that it's only a matter of time until the Department of Education is forced to review its policy.

“The resistance to these is gaining substantial traction,” Taylor said. “I should expect by 2017 we are going to see serious changes being considered at the federal level.”

Augustana University officials declined to comment about whether Tsuruta would be allowed to return to school.