DUE PROCESS WIN. CA Court of Appeal Publishes Significant Decision. John Doe v. Claremont McKenna
Recently, a California Court of Appeal published a significant decision, John Doe v. Claremont McKenna College, addressing student discipline arising from an allegation of sexual assault. The ruling is notable because the judges cited a precedent from the 6th U.S. Circuit Court of Appeals, which is not binding on California state courts, that concerned a public university, unlike CMC. In its analysis, the Court examined recent court decisions addressing an educational institution’s obligations to provide students due process in disciplinary matters, including two California Cases, Doe v. Regents of University of California and Doe v. University of Southern California. The Court also analyzed a recent decision by the Sixth Circuit Court of Appeal analyzing whether an accused’s due process rights were violated in a sexual misconduct case. In that case, the Sixth Circuit found that under due process principles, accused students must have the right to cross-examine adverse witnesses in the most serious of cases. The ruling by Justice Helen Bendix, joined by her two colleagues, (all three justices are women) said CMC had violated the “core principles” required in a case where an accused student faces a “severe penalty” on the basis of a credibility determination. The Court of Appeal reversed the trial court’s decision and instructed the trial court to review John’s request to review the College’s decision.
calpublicagencyblog By Stein-Manes thecollegefix By Thatcher
