AUGUSTA (AP) – A judge has ruled against a Colby College graduate who sued the school over its handling of a sexual assault allegation against him.

Kevin Millien, 22, claimed that the Waterville college violated its official procedures by allowing his female accuser to appeal the ruling of a board that found he was not responsible for sexual assault.

But Kennebec County Superior Court Justice S. Kirk Studstrup ruled in Colby’s favor Friday on all of the lawsuit’s claims.

The female student accused Millien of sexual assault in August 2002.

After the accusation, Millien was placed under an administrative restraining order and lost a scholarship that enabled him to attend the college.

When Millien contested his accuser’s version of events, he was allowed to tell his story before a dean’s hearing board in September 2002.

That board ultimately ruled he was not responsible for a sexual assault. And prosecutors investigating the matter did not find sufficient evidence to press criminal charges.

But the female student appealed the board’s decision, even though Colby’s student handbook did not mention students’ right to do so.

Following an Oct. 17 hearing, Colby’s appeals board found that Millien had committed sexual assault.

Colby eventually provided Millien a financial package that enabled him to complete his senior year, and he graduated as a member of the class of 2003.

Millien, a resident of New York state, filed the civil lawsuit last December in what he has called an attempt to clear his name.

But the judge ruled that disciplinary processes at Colby are not judicial processes and cannot be judged by the same criteria used by courts.

“While certain aspects of the Colby process differ from those applied in court, this does not make them unfair or wrong,” Studstrup wrote.

Colby released a statement Tuesday saying officials are “gratified” the college’s procedures were deemed fair.

Attempts to reach Millien’s lawyer, M. Michaela Murphy, were unsuccessful.

AP-ES-08-20-03 0216EDT


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