Doe

Filed 9/30/21; certified for publication 10/19/21 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

JOHN DOE,

Plaintiff and Appellant,

A159004

v. THE REGENTS OF THE (Alameda County UNIVERSITY OF CALIFORNIA, Super. Ct. No. RG19007666) Defendant and Respondent.

John Doe was a student at University of California, Davis (UC Davis), when fellow student Jane Roe reported that he engaged in nonconsensual sexual intercourse with her in violation of University of California policy. John agreed they had sex but said Jane consented. Following an investigation, UC Davis found that, on the night John and Jane had sex, Jane was incapacitated due to alcohol such that she was unable to consent and that, given her condition, a reasonable person should have known she was unable to consent. UC Davis concluded John violated explicit UC policy, and he was suspended from all UC campuses for two years. John petitioned the superior court for a writ of administrative mandate to set aside the suspension, and the court denied the petition. In this appeal, John contends he was…