Doe
Doe v. Claremont McKenna Coll.
Opinion
lead Opinion
Bendix, J.
*1057 John Doe appeals from the trial court's denial of his petition for a writ of administrative mandate. John sought to set aside his one-year suspension and other discipline imposed by respondent Claremont McKenna College (CMC) after a CMC review committee (the Committee) found that John had nonconsensual sex with Jane Roe, a student at a neighboring college. 1 John argues that he was deprived of a fair hearing because Jane did not appear, thus denying John and the Committee an opportunity to question her and assess her credibility. John further claims that CMC did not provide adequate notice, CMC's investigator failed to interview a witness identified by John, and the Committee's decision was not supported by substantial evidence.
We hold that where, as here, John was facing potentially severe consequences and the Committee's decision against him turned on believing Jane, the Committee's procedures should have included an opportunity for the Committee to assess Jane's credibility by her appearing at the hearing in person or by videoconference or similar technology, and by the Committee's asking her appropriate questions proposed by John or the Committee itself.
*1058 That…