RULING Against Westmont. John Doe Wins. College Suppressed Doe’s Evidence, Doe’s Accuser is a ‘Compulsive Liar’.
In yet another ruling against a college or university over how it handles accusations of sexual assault, an appellate panel in California determined Westmont College failed to provide an accused student a fair hearing. The student, referred to as John Doe in a lawsuit filed over the accusation, was accused by a fellow Westmont student, referred to in court documents as Jane Roe. Jane was not the person who reported the alleged sexual assault – it was her mother. Jane gave varying accounts of the night in question to her friends and roommates, and Westmont chose to use only the testimony that corroborated her account and made John look like a rapist. One of Jane’s roommates said Jane “started blaming what happened on her having mental health issues.” While Jane told school investigators she didn’t drink, her roommates said she did. John told Westmont investigator Stu Cleek he believed Jane made up the claim after he ignored a text from her asking to hook up. Despite her roommates referring to her as a “compulsive liar,” Westmont found John responsible. Westmont also “withheld its notes concerning panel questions and witness responses,” a trial court earlier ruled. This kept John from being able to question witness testimony.
Associate Justice Martin Tangeman wrote the ruling, with which all three appellate judges agreed, that claimed Westmont failed to follow its own policies when adjudicating Jane’s claims. “The Panel did not hear testimony from critical witnesses, yet relied on these witnesses’ prior statements to corroborate Jane’s account or to impeach John’s credibility,” Tangeman wrote. “The Panel withheld material evidence from John, which its policies required it to turn over. As a result, John was denied a meaningful opportunity to pose questions to Jane and other witnesses on material disputed facts.” Students who didn’t testify before the panel were given more credibility than those who did, which confused the appeals court. Tangeman accused Westmont of using a “seemingly arbitrary method” to determine who was credible in this case.
dailywire- Ashe Schow
