A college’s disciplinary procedure failed to accord a male student due process in deciding whether there was merit to a female student’s complaint that he had non-consensual sex with her. Since the matter turned largely on the female student’s credibility, plaintiff should have been given the opportunity to cross-examine her either directly or by submitting questions to the fact-finder to ask the female student and the fact-finder should also have had the ability to see the female student (perhaps by video-conference) as she testified so to assess her credibility.
California Court of Appeal, Second District, Division 1 (Bendix, J.); August 8, 2018; 2018 Cal. App. LEXIS 693