GREAT NEWS. CA Court Ruling Affirms the Rights of Students Accused of Sex Misconduct. Must Include Hearing & X-Examination

Colleges and universities across California are scrambling to revise the way they handle sexual misconduct cases after a state appellate court ruled that “fundamental fairness” requires that accused students have a right to a hearing and to cross-examine their accusers. The decision last month came in a USC case but applies to all California public and private colleges, and prompted many to immediately halt Title IX investigations while they reshape their procedures.

The case that triggered the ruling involved Bryce Dixon, a former USC football player who was accused of sexually assaulting a female student in 2014. In a Jan. 4 decision, a three-member panel in the Second Appellate District unanimously found that Dixon was denied a fair hearing. (The ruling called Dixon “John Doe,” but his attorney, Hathaway, confirmed his identity.) The appeals court reversed a trial court ruling that Dixon had violated the student code of conduct and USC did not appeal. The court ruled that in cases where students are facing “serious discipline,” such as a suspension or expulsion, and the credibility of witnesses is key, a university must permit cross-examination of “adverse witnesses” at a hearing either in person or via such means as videoconferencing.

Students accused of sexual misconduct have filed scores of lawsuits arguing that campuses denied them fair hearings. They have won cases in states including California, Ohio, Michigan, Mississippi and New Mexico. California campuses must immediately comply with the appellate court decision, which has sparked a wide range of reactions. “It will protect millions of college students in California from losing their education in a process that’s arbitrary,” said Mark Hathaway, a Los Angeles attorney who has pioneered much of the litigation on behalf of accused students.

latimes.com By T. Watanabe and S. Hussain