Doe v. The Regents of the University of California
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In 2015, John and Jane were students at the University of California, Santa Barbara (UCSB). On September 7, they went to a party together and then had a sexual encounter. The next day, a dispute arose about whether the encounter was consensual. Jane filed a police report, which led to an investigation but no criminal charges. Jane filed a complaint with UCSB’s Title IX and Sexual Harassment Policy Compliance Office, 20 U.S.C. 1681. An investigator opined that John sexually assaulted Jane and recommended that John be suspended for three years. A Review Committee denied John’s appeal.
John sought judicial review; his petition named only the University; Jane is described as a “[n]on-party.” The trial court granted John’s petition, finding that John was not afforded procedural due process during the University’s investigation. Jane moved to vacate the order on the ground that she did not receive notice of or an opportunity to participate in, the writ proceeding. The court of appeal affirmed the denial of Jane’s motion. While Jane’s interests were affected by the mandate proceeding, such that she may have been a real party in interest or a necessary party, she has not established that she was an indispensable party. Nor has she established that the absence of even an indispensable party is grounds to void a judgment.
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