California Appellate Tracker

Doe v. Regents of University of California

December 11, 2018

Student accused of sexual assault was denied basic due process by university disciplinary board by withholding evidence of antidepressant drugs being taken by the victim until the last minute and barring accused student’s attorney from participating in the proceedings while allowing university’s own counsel to act in a prosecutorial role.

UC Santa Barbara denied Doe, a male student, basic due process in disciplining him for an alleged sexual assault on a female student who had passed out from consumption of alcohol and anti-depressants. The disciplinary board allowed a detective to testify about selected contents of a Sexual Assault Response Team’s report without producing the entire report to Doe at any time and waiting until the night before the hearing to disclose even selected pages which for the first time revealed the name of the antidepressant drug the female had been taking. By then it was too late for Doe to hire an expert to testify about the effects of alcohol consumption on one taking that antidepressant, and UCSB refused to allow Doe to present lay testimony on that subject. UCSB also allowed its corporate counsel to act as a prosecutor while barring Doe from having his lawyer participate directly in the proceedings.

California Court of Appeal, Second District, Division 6 (Gilbert, P.J.); October 9, 2018; 28 Cal. App. 5th 44

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Doe v. Regents of University of California

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