This seems to describe the case referenced by DeVos. The incident took place in 2014, so after the “Dear Colleagues” letter, According to this article, SUNY has since modified their policies in response to urging from New York State Governer Andrew Cuomo.

http://www.lohud.com/story/news/local/westchester/2015/02/22/stony-brook-student-prosecute-alleged-sex-attacker-lawsuit-says/23743857/