If the student does nothing then I'd assume they did copy.
I'm sure people will be mad about these assumptions but from my experience--and from what I've seen my colleges fall into after wrongly accusing someone of cheating--I'd definitely say this is an appropriate average model. I'd also say it's lived to fruition in this case. The author got mad and wrote a fantastic expose on this situation. If I was the professor I'd correct what was obviously my mistake at this point.