Doe v. Allee

When a student accused of sexual misconduct faces severe disciplinary sanctions, and the credibility of witnesses (whether the accusing student, other witnesses, or both) is central to the adjudication of the allegation, fundamental fairness requires, at a minimum, that the university provide a mechanism by which the accused may cross–examine those witnesses, directly or indirectly, at a hearing in which the witnesses appear in person or by other means (such as means provided by technology like videoconferencing) before a neutral adjudicator with the power independently to find facts and make credibility assessments. A former USC undergraduate student appealed the trial court's denial of his petition for writ of administrative mandate seeking to set aside his expulsion. The Court of Appeal reversed and held that, although the student failed to meet his burden of proving that defendants were actually biased against him, USC's disciplinary procedure failed to provide the student with a fair hearing. In this case, USC's disciplinary review process failed to provide fundamental fairness protections after it expelled the student based on allegations of nonconsensual sexual misconduct. View "Doe v. Allee" on Justia Law