Colleges and Universities Must Conduct Fair Disciplinary Hearings.
A college's investigation and adjudication of a student's accusation of sexual assault was fatally flawed where the college did not comply with its own disciplinary policies and procedures. The disciplinary panel did not hear testimony from critical witnesses, yet relied on these witnesses' prior statements to corroborate alleged accounts. The panel withheld material evidence from the student and the student was denied a meaningful opportunity to pose questions to witnesses on material disputed facts. (See, Doe v. Westmont College - filed April 23, 2019, Second District, Div. Six - Cite as 2019 S.O.S. 1907.) Accordingly, the Court of Appeal agreed that the school must conduct further proceedings. (Id.)