Student accused of sex assault sues uni
A MEDICAL student who has been accused of sexually assaulting another student is taking University of Queensland to court, to try to stop a disciplinary hearing.
The student is alleged to have sexually assaulted the female student while both were on a clinical placement at a regional hospital, according to Supreme Court documents.
He has been offered an internship next year in a hospital in the same southeast Queensland area where he was placed at the time of the alleged sexual assault, in April last year.
The postgraduate medical student's lawyer has applied for a judicial review, arguing that the university has no jurisdiction to hear allegations of alleged criminal behaviour.
The university originally wanted the student to attend a disciplinary hearing on September 19, two days before he was due to sit an exam, but later agreed to an adjournment.
The student has been studying for a postgraduate Doctor of Medicine degree and is due to sit his final exams next month.
In a September 2 notice of disciplinary action, it was alleged he sexually assaulted the female student by subjecting her to "unsolicited acts of physical intimacy", court documents reveal.
In a statement outlining the alleged conduct, it was claimed the student inserted his finger into the female student's anus and vagina, without consent.
The students had both been living in student accommodation owned by the university, while both were on clinical placement at a local hospital.
On the night of the alleged sexual assault, both were lying on the female student's bed with pillows between them, the court document says.
The male student pulled the pillows away and put his arms around the female, who pushed him away and moved away from him, it is alleged.
They then kissed and the female said good night, but he then pulled her towards himself, inserting his fingers into her anus, without permission, it is claimed.
After he did it again, the female pushed him away and asked him to leave the room, the statement alleges.
It is claimed the male student removed his clothes, got back into the bed, removed the other student's pyjamas, lay on top of her, bit her and inserted his fingers into her vagina.
She told him to leave but he continued to touch her vagina and tried to push her legs apart, but she tried to push him away, cried and asked him to leave, the statement alleges.
He allegedly tried to hold her before she again asked him to leave, but he stayed in the bed until the morning, it is alleged.
The male student's lawyer Wendy Mulcahy claims the university has no jurisdiction to make inquiries or findings about alleged criminal behaviour.
It is understood the student has not been criminally charged.
The judicial review application for a permanent injunction to prevent the disciplinary hearing will be heard on October 11.