San Diego State University violated “procedural fairness” by refusing to let a student accused of rape have an advocate “with the same or substantially similar skills, training and experience” as his accuser’s advocate. In essence, the accused was left to defend himself while his accuser was able to utilize the services of a “skillful, trained and experienced advocate,” the very person who investigated the case. The Court wonders how, given Petitioner’s youth, infant stages of his post-secondary education and the seriousness of the charges, Petitioner was able to conduct himself as well as he did. Judges have traditionally given schools wide latitude to fashion their own campus judicial systems, but colleges have abused their autonomy, and judges are starting to re-impose the rule of law.
nationalreview By David French