Please don't quote less than half a sentence and then be surprised that it doesn't make sense.
Also, that we can't now either way is exactly my point. We can't disprove either the student's nor the university's misconduct. Maybe ask yourself why you instantly see that when it comes to the student, but fail to see the exact same thing in regards to the defendants.
Well, the good thing is that the court will actually decide the facts and merits. With evidence and deliberation and reason and all those good things.