California Appellate Tracker

Doe v. Claremont McKenna College

September 3, 2018

College’s disciplinary procedures did not pass due process muster because student accused of assault did not have the opportunity to cross-examine the accuser either directly or indirectly, and fact-finder did not have the ability to watch accuser testify so as to assess her credibility.

A college’s disciplinary procedure failed to accord a male student due process in deciding whether there was merit to a female student’s complaint that he had non-consensual sex with her. Since the matter turned largely on the female student’s credibility, plaintiff should have been given the opportunity to cross-examine her either directly or by submitting questions to the fact-finder to ask the female student and the fact-finder should also have had the ability to see the female student (perhaps by video-conference) as she testified so to assess her credibility.

California Court of Appeal, Second District, Division 1 (Bendix, J.); August 8, 2018; 2018 Cal. App. LEXIS 693

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Doe v. Claremont McKenna College

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