A state appeals panel has upheld the two-year suspension of a State University of New York student accused of sexually assaulting a Cornell University student during a 2013 house party in Ithaca.

Though noting the differing versions of the encounter given by SUNY-Binghamton student Daniel Lambraia and the Cornell student—including the fact that the Tompkins County’s district attorney did not press charges against Lambraia—the Appellate Division, Third Department, said there was “substantial evidence” to support her claims that she was forced to have unwanted sexual contact.

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