Francisco Sousa plans to sue SDSU after sexual assault allegations

SAN DIEGO (KUSI) – SDSU lifted the suspension from Francisco Paiva Sousa, who now plans to sue the school for the allegations made against him.

Sousa, 20, was arrested Dec. 9 on suspicion of forcible oral copulation and false imprisonment, but was later found not-guilty.

On June 5th, 2015, SDSU lifted the interim suspension against Mr. Sousa, and they concluded the Title IX proceedings involving alleged sexual misconduct, and the disciplinary proceedings,  finding that insufficient evidence exists to support the allegations. As result Sousa is now cleared of any wrong-doing at the university, the hold has been lifted from his transcript, and he’s free to return at any time if he wishes.

Sousa and Lombardo, Domenic Lombardo, filed a lawsuit against the University in order to force them to reveal the information that formed the basis of the misconduct allegations against Sousa. The university fought against the release of that information, which was fundamental to mounting an effective defense against the allegations. 

Sousa and Lombardo were able to independently acquire information that led us to conclude who was making the allegation against Francisco and what was being said against him, but the university still refused to provide the information while they demanded information relevant to the allegations.

The University’s rules would have required them to complete their investigation and reach a determination of outcome within 60 to 90 days of the initial complaint. Inexplicably, the university released the disciplinary file to Sousa’s attorney on June 12, 2015 over 7 months after it was requested and only after reaching their conclusions in the matter.

Lombardo called this an arbitrary capricious and one-sided  proceeding. "The outcome was favorable to Francisco, but the proceeding was needlessly intensive and protracted. Sousa’s attorney also said the most egregious violation by SDSU was their email to the entire campus community at the very beginning of the matter on December 9th which in effect branded Francisco a sexual predator, identified him by name, and listed the serious felony allegations against him. This email was distributed to the campus community December 9, 2014, at 3:40 p.m., this was hours before Francisco was booked into the jail, and even before the university had obtained Francisco’s complete statement or followed up on what he said. The email falsely claimed that an extensive investigation has already occurred.  Which was not true," said Lombardo.

Categories: KUSI