Gupta

At an evidentiary hearing before a judicial panel, plaintiff Abe Gupta was found to have violated the Honor Code at Stanford University by copying the work of two other students. Gupta was suspended, placed on probation and ordered to complete community service. An appeals panel affirmed the judicial panel’s decision.

Gupta brought a civil complaint for damages against Stanford University (Stanford), and Laurette Beeson and Nancy Morrison, Stanford employees who participated in the hearing, based on allegations that there were defects in the hearing process.

The trial court sustained Stanford’s demurrer to Gupta’s first amended complaint without leave to amend, because Gupta failed to exhaust his judicial remedies before asserting his claim for damages. We find the trial court was correct in sustaining Stanford’s demurrer, and we will affirm the judgment.

Statement of the Case and Facts

In 2001, while in his second quarter as an undergraduate student at Stanford University, Gupta’s instructor for computer science accused him of improperly copying another student’s assignment in violation of the Honor Code. The instructor referred the matter to Stanford’s Judicial…