Doe v. Claremont McKenna CollegeAnnotate this Case
The Court of Appeal reversed the trial court's denial of a petition for a writ of administrative mandate. In this case, plaintiff sought to set aside his one-year suspension and other discipline imposed by CMC after a review committee found that he had nonconsensual sex with a student at a neighboring college. Plaintiff argued that he was deprived of a fair hearing because the student did not appear, and thus he and the committee did not have an opportunity to question her and assess her credibility.
The court held that where, as here, a student was facing potentially severe consequences and the committee's decision against him turned on believing the student, the committee's procedures should have included an opportunity for the committee to assess the student's credibility by her appearing at the hearing in person or by videoconference or similar technology, and by the committee's asking her appropriate questions proposed by plaintiff or the committee itself. The court did not reach plaintiff's remaining challenges.