Doe v. Westmont CollegeAnnotate this Case
Plaintiff challenged Westmont's Student Conduct Panel's determination that the evidence supported Jane Roe's accusation of sexual assault while plaintiff and Jane were students at the college. The Court of Appeal affirmed the trial court's grant of plaintiff's petition for writ of administrative mandate, holding that John did not receive a fair hearing. In this case, Westmont did not comply with its own policies and procedures where it 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. Furthermore, the Panel withheld material evidence from John, which its policies required it to turn over. The court held that John was therefore denied a meaningful opportunity to pose questions to Jane and other witnesses on material disputed facts.