Tuesday, July 14, 2015

Due Process and the Regents

In prior posts, we have been reviewing topics that will be taken up at the upcoming Regents meeting of July 21-23. One of those topics is UC's sexual harassment and assault policy on the various campuses. There have been numerous warnings as this topic has heated up around the country that universities aren't very good at providing due process to accused individuals.

The Regents report* on this topic indicates that one recommended policy will be (is?) to "provide equitable services for respondents." Does that even mean due process? As if to point out the issue, consider this article dated July 13 from the LA Times:

UC San Diego failed to give a fair trial to a male student it found responsible for sexual misconduct last year by refusing to allow him to fully confront and cross-examine his accuser, a judge has ruled. San Diego Superior Court Judge Joel M. Pressman found there was insufficient evidence to support charges that the student, identified as John Doe, had pressed a classmate to engage in sexual activity against her will in February 2014. Pressman ordered the university to drop its finding against Doe and all sanctions, including a suspension of one year and a quarter. In a statement Monday, UC San Diego said officials were "continuing to evaluate the decision, including whether to appeal," and had no further comment...

Pressman also found the university "abused its discretion" in increasing sanctions against Doe after he appealed without explaining why...

Full story at
UPDATE: The Washington Post picked up the story with an article that is more extensive than the LA Times' version and more critical of the university:

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