Caleb Warner. Learn that name because it could soon be all over the national news.

Warner is a former University of North Dakota student. He is former because UND booted him and told him he wasn't allowed on campus for any reason for three years.

Following a hearing with the student relations committee, Robert Boyd, UND's vice president of student and outreach services at the time, made the ruling in February 2010 based on a police report filed by a woman saying she was raped by Warner.

The problem with the ruling is the girl now has a warrant out for her arrest for filing a false report to law enforcement; the same report claiming Warner raped her.

Warner admitted to having sex with the woman, whose name is not being released, but said it was consensual.

Once the police issued an arrest warrant for the women, Warner asked for his case to be reheard in hopes he would be reinstated. The request was denied.

This is where UND could be in serious trouble. They are a public institution controlled by the government.

According to the police officer who handled the case, the university's hearing occurred before he did his investigation into the truth of the report filed.

Expelling a student and barring him from setting foot on campus was a obvious overreaction and rash decision. Warner was never charged nor arrested.

He did no wrong, other than having sex with the wrong person at the wrong time.

UND could have gotten by unscathed by admitting they made a serious wrong, promising to change the way they do hearings, reinstating Warner and apologizing.

Instead, UND chose to do nothing, not even rehear the case.

Warner could sue. If he did he would probably win. He lost his education and said in an Associated Press story that the ordeal has been devastating.

The UND rule for a rehearing states that there has to be "substantial" new evidence. Boyd said in the Associated Press article that there is nothing substantial enough to reopen the case.

I guess going from an accused rapist to 100 percent innocent isn't a big deal in Boyd's book.

Thankfully Boyd doesn't get a book anymore. He is now retired. Still he had the audacity, or stupidity, to claim UND tries to find a way for students to come back to UND.

"If [the student relations committee] err at all, they err in trying to find some way for the student to re-enter the (UND) community," Boyd said in the Associated Press article.

Right. They try to let the student re-enter by refusing to rehear a case that was premature in its decision in the first place. Something doesn't compute.

Hopefully Warner sues and brings UND to the cleaners.

Look at it from Warner's point of view. Not only were you wrongly accused of rape, causing very public embarrassment and ridicule, you were expelled from school for doing nothing wrong, but on top of all that the school refuses to admit its wrong and allow you to resume your life.

Whether there ever is a lawsuit or not, UND better pay attention to how bad this makes them look and make some changes in their policy. Students shouldn't be expelled and banned from campus before a police investigation is complete and the student is actually charged.

It would seem to be common sense, something UND is lacking.

Levin T. Black is a sports and general news reporter for the Williston Herald. He lives in Williston. Contact him at 572-2165 or lblack@willistonherald.com.

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