WIN for Doe. CA Judge Orders Fresno State to ‘Set Aside’ Finding & Expulsion due to Lack of Evidence & Unfair Hearing
A male student at California State University-Fresno was expelled after his school investigated claims of two women who said they were sexually assaulted. Based on available evidence, a judge has called for the school to overturn its decision. John Doe, as he is referred to in court documents, was accused in 2016 of drugging two females and sleeping with them at parties. Court documents show there is no evidence to support such an accusation.
Superior Court Judge Mary H. Strobel found several deficiencies in CSUF’s investigation of John. The student had originally been told he was accused of sexually assaulting Jane 1 because she was too drunk to consent. That claim apparently failed, so he was punished for sexually assaulting her because she was 17 at the time of the sexual intercourse. Boele even amended the investigation complaint, without new evidence, to claim that John told her he knew Jane 1 was 17 at the time of their encounter. John says he said no such thing. Judge Strobel declared Boele’s addition of this claim, which did not exist in the original report or in any of her investigative notes, “deserves little credence.” Because John was not told what he was actually being investigated for, he had no way to defend himself. That, plus his inability to cross-examine his accusers, the witnesses, or the evidence against him led Strobel to conclude he had not been given a fair investigation. Strobel granted John’s petition for writ of mandate and will order CSUF “to set aside the administrative decision with respect to Roe 1 and Roe 2, and the sanction of expulsion.” Doe v-Cal Fresno State Trustees
dailywire.com By Ashe Schow
