Judge drops Nursing student's charge of rape for lack of evidence, but upholds charges of attempted rape, indecent exposure An undergraduate in the Nursing School has accused Management Professor Dan Lovallo of rape, attempted rape, indecent assault and indecent exposure. Lovallo will be formally charged on September 26. The trial will begin within 120 days of the arraignment, according to his attorney, Thomas Bergstrom. The professor appeared in court Tuesday for a preliminary hearing, where Judge Francis Cosgrove dismissed the rape charge because of insufficient evidence. But Cosgrove held Lovallo for the three other charges, including attempted rape, Bergstrom explained. Lovallo was arrested July 19 after the 20-year-old Nursing student filed rape charges against him in late June. She alleges that Lovallo sexually molested her on the morning of April 26 after she lost consciousness in his apartment at 19th and Spruce streets, according to a report in the Philadelphia Daily News. The student said the two had gone out the night before the incident to a club, where she said she had too much to drink. The woman recalled in testimony that after returning to Lovallo's apartment, she was sitting on his couch nude as he rubbed lubricant on her body while holding a condom. She believes she was raped after passing out early in the morning and claims Lovallo attempted to rape her again when she awoke. She said she fended off his attack, grabbed her clothing and ran from his apartment, the Daily News reported. Assistant District Attorney Robyn Schwartz, the prosecutor in the case, told the Daily News that Lovallo met the Nursing student on campus a few days before the alleged incident they made plans to spend time together. University policy bars sexual relations between professors and their students and strongly discourages all relations between a student and a faculty member -- even when the student is not in the professor's class, as is the case with the plaintiff and Lovallo. Wharton School spokesperson Chris Hardwick said the complaint will be examined "under appropriate University policies and procedures," adding that he could not comment further because of "confidentiality concerns." And Associate General Counsel Brenda Fraser also declined to comment. She explained that criminal cases such as Lovallo's are brought by the Commonwealth of Pennsylvania against an individual and that the University is "not a party," because Lovallo is represented by a private attorney who is unaffiliated with Penn. Lovallo could face jail time if convicted, his lawyer explained, adding that he hopes his client will be acquitted. "I think it looks pretty good," Bergstrom said. "We are going to defend ourselves to our best ability." Since he signed his own bail without posting any money, Lovallo is currently out on his own recognizance, Bergstrom said. "People are only really held if there's a risk of flight or if they are otherwise dangerous -- [Lovallo] is neither," he said. Lovallo, who was advised by Bergstrom not to talk to anyone about the case, was unavailable for comment.
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