CA Supreme Court: Private university students accused of abuse lack right to cross-examine accusers.
California Supreme Court Rules on Rights of Accused Students at Private Universities
In a unanimous decision last month, the California Supreme Court ruled that students accused of abuse at private universities will be given an opportunity to respond to the allegations. However, they do not have the right to cross-examine their accuser.
The ruling stems from a case involving the University of Southern California (USC) and former student Matthew Boermeester. Boermeester was expelled from the university in 2017 after his then-girlfriend accused him of drunken violent assault. The university conducted an investigation, but both parties declined to participate in a hearing where they could have submitted questions for the investigator to ask each other.
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Although the accuser later tried to withdraw her statements, the investigator found evidence of violence, leading to Boermeester’s expulsion. However, in 2020, the Second Appellate District ruled that Boermeester’s right to a fair hearing was violated because he couldn’t directly question his accuser.
The California Supreme Court has now overturned that ruling. Chief Justice Joshua Groban argued that Boermeester had the opportunity to give his statement and indirectly question his accuser about any inconsistencies. The court determined that the university was entitled to find the accuser’s initial statement more credible than her later recantation.
Chief Justice Groban emphasized that private universities are not equipped to function as courts and lack the power to subpoena witnesses. However, he stated that accused students must be given notice of the charges and a meaningful opportunity to be heard, although a court-type hearing is not required.
It is worth noting that Senate Bill 493, which outlines procedures for handling incidents of abuse at both public and private universities, does not mandate live hearings and cross-examinations. The incident in question and USC’s investigation occurred before the bill’s effective date.
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