Berman

Berman v. Regents of the University of California

Good Law
178 Cal. Rptr. 3d 62·2014 Cal. App. LEXIS 852·229 Cal. App. 4th 1265
Court of Appeal of CaliforniaSeptember 19, 2014D065141California3,788 words

Opinion

Opinion

McConnell, J.

INTRODUCTION

Daniel Berman appeals the judgment denying his petition for writ of mandate against the Regents of the University of California (Regents). He seeks to overturn a two-quarter suspension from the University of California, San Diego (UCSD), which was imposed on him for hitting another student in the head with sufficient force to knock the other student to the ground and to cause him to lose consciousness, sustain a concussion and require medical attention. Berman does not challenge the factual finding he violated UCSD’s student conduct code (the Code). His sole contention on appeal is the Code did not authorize either the student conduct officer responsible for his case, who is also a dean of student affairs, or the council of deans of student affairs (Council of Deans) to impose suspension as a sanction when the student conduct review board did not recommend suspension. We disagree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The Incident

During an altercation on the night of February 22, 2013, involving a group of UCSD students, Berman admits he hit another student in the head with his fist causing the other student to fall to the ground and lose…

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