Education Law,
Civil Rights,
California Courts of Appeal
Oct. 11, 2018
Panel slams UC for depriving male student of due process
Justice Arthur Gilbert wrote that the school hamstrung "John Doe's" defense by denying him access to evidence used against him, not requiring his accuser to answer his questions, excluding potentially exculpatory evidence, unfairly applying the rules of evidence, and refusing to let his counsel participate while allowing the university's attorney to object to his evidence.
An appellate panel reversed a trial court's ruling in favor of UC Santa Barbara's two-year suspension of a male student accused of sexual assault, in a decision listing the multiple ways the school deprived the defendant of due process.
In his highly critical opinion, Justice Arthur Gilbert of the 2nd District Court of Appeal wrote that the school hamstrung "John Doe's" defense by denying him access to evidence used against him, not ...
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