This decision holds that USC denied its student the required due process in its disciplinary proceedings which resulted in his expulsion on the ground he raped a fellow student during or after a “paint” party. The witnesses’ testimony was in conflict. USC did not accord the required due process when the decision maker did not observe the complaining witness in person (or by video hookup) to assess her credibility. Also, the procedure fell short in not allowing the accused student to submit questions to the adjudicator to ask the complaining witness and in revealing that the request for the accusing witness’ medical records came from the accused rather than the university—making it more likely that she would not consent.
California Court of Appeal, Second District, Division 7 (Feuer, J.); December 11, 2018; 29 Cal. App. 5th 1212