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Tuesday, May 3, 2016

Audio tapes denied in BV sexual assault case

Tuesday, January 15, 2002

A request by a Buena Vista University student to obtain audio tape recordings of closed hearings held by campus officials after he was charged with sexual abuse has been denied.

Luke Franzenburg, 20, of Keystone, was arrested in September of 2001 after he allegedly engaged in intercourse with another BVU student without her consent. Arrest forms state that the alleged victim was intoxicated and unconscious at the time of the incident and woke up unclothed. The arrest sheet also states that Franzenburg allegedly admitted to having sex with her.

Court documents show two hearings were held by BVU following the incident in accordance to BVU's sexual misconduct policy. Those hearings were recorded, but since they are confidential, Franzenburg had to seek a court order to obtain copies of the audio tapes. Court documents state that the first tape was lost and a second is in possession of the BVU Vice-President of Enrollment and Student Services.

The request was denied by the court, with the judge ruling Franzenburg failed to show "special circumstances" and that witnesses should be willing to make the same statements as those on the audio tapes.

A trial in the case has been set for April 23.

The case sparked a call from many in BVU student body to review misconduct policy.

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