DOE’S COURT WIN Sets Precedent. Claremont McKenna Fought Dirty & Lost. CA Supreme Court Denied CMC’s Petition for Review.
College students in California owe a big debt of gratitude to John Doe from CMC, Mr.Dixon from USC, and their attorneys. It is primarily because of these two lawsuits and their precedent setting court wins that colleges throughout California, private and public, are forced to change their anti-due process Title IX hearings. After the CA Court of Appeal issued a unanimous decision (by three female justices) in favor of John Doe, CMC issued the following statement: “The College firmly believes that the grievance process followed in this case met or exceeded relevant legal requirements for expectations under federal and state law.” It’s important to note that CMC then chose to fight the CA Court of Appeal ruling and to continue waging war against John Doe and due process by filing a Petition for Review with the CA Supreme Court. The CA Supreme Court denied CMC’s Petition for Review. I’ll say that again. The CA Supreme Court denied CMC’s Petition for Review. (See Doe v. Claremont McKenna Coll. 25 Cal. App. 5th 1055, 236 Cal. Rptr. 3d 655 (Aug. 8, 2018), review denied, No. S251318, 2018 Cal. LEXIS 9212 (Cal. Nov. 20, 2018).”
A California appeals court has revived a Claremont McKenna College student’s Title IX lawsuit against the college, ruling that the lack of cross examination resulted in an unfair hearing. The decision, which came in August 2018, aligns with a ruling by the same court last month that found the University of Southern California at fault for not giving a student accused of sexual assault the opportunity to cross-examine the student accusing him. Both rulings set a precedent for other colleges to update their policies to comply with the court’s ruling.
…Following the Title IX investigation in 2015, CMC found its student “John Doe” responsible for sexually assaulting “Jane Roe.” Roe did not show up or verbally testify at the final committee hearing. However, both Doe and Roe submitted written statements, and Doe testified verbally at the committee meeting. CMC suspended Doe. Doe filed a petition for a writ of administrative mandate, a request for a judge to review CMC’s decision. But his request was denied by a trial court in 2016. Doe appealed, and in 2018, California’s 2nd District Court of Appeals reversed the lower court’s decision, instructing the lower court to grant Doe his writ of administrative mandate….CMC’s Title IX policy has changed since the incident in question and is expected to change again this month said a CMC spokesperson.
Doe Wins TIX lawsuit against CMC and CMC plans TIX changes -Jensen Steady
