RULING: CAL POLY had no ‘Substantial Evidence’ to Judge Male Title IX Guilty
Judges who rule in favor of accused students in Title IX cases will sometimes order their colleges to give them a new, fair hearing. Los Angeles Superior Court Judge James Chalfant didn’t think California Polytechnic State University-San Luis Obispo should get that chance. He ordered the Cal State University system and Chancellor Timothy White to simply “set aside” its findings against “John Doe” and not try him again. It’s the second time in a few months that Chalfant has overturned an expulsion in a Title IX case… The Cal Poly proceeding was unfair to Doe in practically every respect, hiding evidence and refusing to let him “examine” witnesses against him…Like other due-process lawsuits against universities, Doe’s accuser did not formally report the incident and refused to participate in the investigation. Judge Chalfant said the notice of charges the university gave Doe “does not pass muster from a due process perspective.” It didn’t identify what part of the school policy he allegedly violated, the nature of the misconduct, definitions of key terms or even the university’s “theories of responsibility for him.” Because Roe refused to participate in the proceeding, Doe was not allowed to question her even indirectly about what motive she might have to claim he assaulted her. Chalfant notes that one witness said Roe’s boyfriend was out of town during the incident: ‘Petitioner should have had an opportunity to question Roe about whether she had made up a story for her friends, but then refused to participate in the Title IX investigation out of concern that her boyfriend may learn of her infidelity.’ Because the university failed to show “substantial evidence of misconduct,” rather than simply failing to “follow fair procedure,” it is not permitted to try Doe again under state law, the judge said. He ordered the university to not only set aside the expulsion and sanctions but “take such further action as is consistent with [Doe’s] status of a student.”
thecollegefix.com By Autumn Berend
