Doe

Doe v. White CA2/3

Good Law
Court of Appeal of CaliforniaMay 8, 2023B314030California6,301 words

Opinion

Opinion

Lavin, J.

INTRODUCTION

John Doe and Jane Roe1 met during their freshman year at California Polytechnic State University, San Luis Obispo (Cal Poly). They soon began a sexually active relationship, which lasted for several months. After they ended their relationship, Jane accused John of sexual misconduct and dating violence. After Cal Poly investigated Jane’s accusations, the school held a hearing at which John and Jane appeared, testified, and posed questions to each other, which were asked by the hearing officer. The hearing officer found John committed three of the nine alleged acts of misconduct and recommended, among other things, that the school suspend John for one academic year. The school adopted the hearing officer’s findings and recommended sanction. Following an unsuccessful administrative appeal, John petitioned the trial court for an administrative writ of mandate seeking to overturn Cal Poly’s decision, which the court denied. John appeals, arguing he did not receive a fair disciplinary hearing and that substantial evidence does not support the hearing officer’s findings of misconduct or Cal Poly’s sanction decision. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Cal…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.