For background on this CSULB lawsuit that recently settled…If you remember in Aug. 2018, Judge James Chalfant of L.A. Superior Court confirmed his ruling that Cal State University-Long Beach denied “John Doe” several elements of a “fair procedure”: It didn’t give him “proper notice” or the opportunity to “respond to all evidence” used against him or cross-examine his accuser in “live hearing testimony.” One of the more unusual findings was that multiple witnesses disputed what Title IX Investigator Carol Fulthrop had attributed to them in her report, which Chalfant repeatedly characterized as of “poor quality.”
‘Respondents seem to believe that there is no requirement that its investigator take notes and document witness statements. This is wrong. It is true that there is no obligation to take notes, but an investigator’s failure to do so reflects poorly on the investigation. More important, CSULB had a duty to provide Doe either with written witness summaries or at the absolute minimum, oral witness summaries (the court does not believe that oral summaries would be adequate except in the simplest cases). The school cannot shirk its obligation by not preparing summaries.’ Read the Judge’s statement, and delve into more background about CSULB and John Doe.
