John Doe v. Westmont Coll.

*372 *625 Jane Roe accused John Doe 1 of sexual assault while the two were students at Westmont College. Westmont's Student Conduct Panel (the Panel) determined that the evidence supported Jane's accusation. It suspended John for two years.

John challenged the Panel's decision in a petition for writ of administrative mandate. ( Code Civ. Proc., 2 § 1094.5.) The trial court determined that Westmont did not provide John a fair hearing, and granted his petition. Westmont contends: (1) John received a fair hearing, and (2) substantial evidence supports the Panel's decision. Because we disagree with Westmont's first contention, we do not reach its second.

Westmont's investigation and adjudication of Jane's accusation was fatally flawed. Westmont did not provide John with a fair hearing; indeed, it did not comply with its own policies and procedures. The Panel did not hear testimony from critical witnesses, yet relied on these witnesses' prior statements to corroborate Jane's account or to impeach John's credibility. The Panel withheld material evidence from John, which its policies required it to *626 turn over. As a result, John was denied a meaningful opportunity to pose questions…