OCCIDENTAL John Doe Files Brief in Appellate Court. Claims Due Process Rights Were Denied.
According to Esquire Magazine: in 2013 “a drunk freshman boy (John Doe) met a drunk freshman girl (Jane Roe) in this dorm at Occidental College, and their sexual encounter collided with a panicked and pressured academic bureaucracy.” John and Jane had drunk consenting sex. But Jane accused John, and John was expelled. John then appealed, and Oxy denied his appeal. According to Robert Shibley of FIRE: in 2014 after “Occidental denied his appeal, Doe filed a lawsuit against the college in state court and was granted an Order of Stay pending further legal review.” Shibley stated that “the weakened definition of incapacitation applied by Occidental in Doe’s case is so faulty and unfair that, using the same applied definition and given the same evidence, Doe’s accuser would be guilty of sexually assaulting Doe.” And today, according to Doe’s lawyer, Mark Hathaway: “Appellant challenged Respondent’s decision by filing a petition for writ of administrative mandamus with the California Superior Court. The trial court, however, denied Appellant’s writ petition. Consequently, Appellant respectfully appeals the findings and resulting sanctions and requests this Court to set aside the College’s determination.”
