HUGE WIN For John Doe: CA Court of Appeals is Angry at UCSB for Denying Due Process
John Doe Won!
Below is the first paragraph from the CA Court of Appeals published decision:
“Due process – two preeminent words that are the lifeblood of our Constitution. Not a precise term, but most everyone knows when it is present and when it is not. It is often most conspicuous by its absence. Its primary characteristic is fairness. It is self-evident that a trial, an adjudication, or a hearing that may adversely affect a person’s life must be conducted with fairness to all parties. Here, a university held a hearing to determine whether a student violated its student code of conduct. Noticeably absent was even a semblance “of due process. When the accused does not receive a fair hearing, neither does the accuser.”
In closing the CA Appeals Court wrote:
The (UCSB) Committee reached a significant finding based on nothing more than speculation. We question the committee’s expertise to arrive at this startling conclusion. It is ironic that an institution of higher learning, where American history and government are taught, should stray so far from the principles that underlie our democracy. This case turned on the Committee’s determination of the credibility of the witnesses. Credibility cannot be properly decided until the accused is given the opportunity to adequately respond to the accusation. The lack of due process in the hearing here precluded a fair evaluation of the witnesses’ credibility. In this respect, neither Jane nor John received a fair hearing. The judgment is reversed and the matter is remanded to the superior court with directions to grant John’s petition for a writ of administrative mandate. John is awarded costs on appeal.”
simplejustice By Scott Greenfield READ the Court’s Published Decision
