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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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