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Augustana asking to have expelled student's lawsuit tossed

SIOUX FALLS (AP) -- Augustana University has asked a federal judge to dismiss a second lawsuit filed by a student who was expelled after being charged with rape and other counts.

SIOUX FALLS (AP) - Augustana University has asked a federal judge to dismiss a second lawsuit filed by a student who was expelled after being charged with rape and other counts.

The Argus Leader reports the school filed the motion to dismiss Monday. Koh Evan Tsuruta (sur-OO'-tah) filed the lawsuit against the university in July seeking damages for loss of educational opportunities, emotional injury and future income.

Tsuruta was expelled when he was charged after a woman he had been drinking with in July 2015 said he raped her. The charges were dismissed in March.

Tsuruta first sued the school in October to halt proceedings to expel him until his criminal case was resolved. A federal judge denied his request and the lawsuit was dismissed.

The university says Tsuruta "would like to seek vengeance for his expulsion" but has no case.

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