BIG GREAT WIN For USC Kicker Matthew Boermeester! Matt Wins in Court of Appeal
On May 28, 2020, the California Court of Appeal reversed the trial court decision of Judge Amy D. Hogue and set aside USC’s expulsion of former Trojan kicker Matthew Boermeester, who kicked the game-winning 46-yard field goal in the final second of the 2017 Rose Bowl to give USC a 52-49 victory over Penn State.
“We are very pleased that the Court of Appeal has again recognized that accused students under Title IX must have a meaningful opportunity to cross-examine critical witnesses at an in-person hearing,” said Mark Hathaway, Mr. Boermeester’s attorney. “The security video shows Matt and Zoe clowning around in the ally and celebrating, but the USC Title IX office misrepresented the video and relied on a statement from a witness who changed his testimony by voice mail.” Mark Hathaway is also the attorney for former USC football player Bryce Dixon, whose expulsion was overturned last January in the case of Doe v. Allee and cited in the Court’s decision today.
In her speech to George Mason University in September 2017, Education Secretary Betsy DeVos referred to USC’s action against Matt Boermeester as a “disturbing case in California” between an athlete and his girlfriend that is an example of the failed Title IX system for dealing with sexual assault on college campuses. “The young woman repeatedly assured campus officials she had not been abused nor had any misconduct occurred,” DeVos said. “But because of the failed system, university administrators told her they knew better.”
Zoe Katz, who is identified as Jane Roe in today’s opinion, went public in her true name in 2017 and said, “I want to be very clear that I have never been abused, assaulted or otherwise mistreated by Matt. He is an incredible person, and I am and have been 100% behind him. Nothing happened that warranted an investigation, much less the unfair, biased and drawn out process that we have been forced to endure quietly.” Read Zoe Katz Statement about threats and harassment directed at her, from USC’s Title IX coordinator Gretchen Means and investigator Lauren Helsper.
“It is gratifying that the new Federal Title IX regulations announced on May 6th will require the same fairness that Matt Boermeester has fought for so hard over the past three years, and finally won in the Court of Appeal today.”
READ: COURT OF APPEAL_OPN_Boermeester_
-Thanks to Mark Hathaway for the content above.
SOS would like to send a big consent hug of Congratulations to Matt Boermeester for persevering, and for staying sane in the midst of numerous injustices. And big thanks to Zoe for being principled, and for speaking the truth. And a big big thank you to Mark Hathaway for defending the presumption of innocence, and for this win!!!- Alice
