John Doe V. Westmont College
Image by Ian Hutchinson
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION 6
Jane Roe accused John Doe of sexual assault while the two were students at Westmont College. John Doe says he never had sex with Jane Roe, and was never alone with her that night. Westmont’s Student Conduct Panel determined that the evidence supported Jane’s accusation. It suspended John for two years.
John challenged the Panel’s decision in a petition for writ of administrative mandate. The trial court determined that Westmont did not provide John a fair hearing, and granted his petition. This appeal stems from Westmont College appealing the lower court’s judgement.
In the Court of Appeal’s decision, they contended that much of the legal landscape has and is in the process of shifting, due to “Recent cases [which] describe the contours of what a fair hearing requires where, as here, the case turns on witness credibility.” Due to these cases, “At a minimum, the college must comply with its own policies and procedures,” which must, “provide the accuses student with a hearing before a neutral adjudicatory body.” Additionally, the, “accused must be permitted to respond to the evidence against them,” and that the, “alleged victim and other critical witnesses must appear before the adjudicatory body in some form—in person, by video conference, or by some other means—so the body can observe their demeanor.” The Court recognized the risk that, “an accusing witness may suffer trauma if personally confronted by an alleged assailant at a hearing,” and contended that, “It is not necessary to place the alleged victim and the accused in the same room.”
