Just in: blistering, from Cal. appellate court, overturns lower court in @ucsantabarbara due process case: "It is ironic that an institution of higher learning, where American history and government are taught, should stray so far from the principles that underlie our democracy."
Unanimous decision from 3-judge panel notes that absence of due process harmed both the acc'd and the accuser: "Notably absent was even a semblance of due process." 
Court notes that all aspects of proceeding--access to evidence, x-examination, opportunity to present evidence--were unfair to acc'd student.
Court notes that someone from either UCSB TIX office or UCSB gen'l counsel office didn't follow university rules and keep a full transcript/audio recording of hearing.
UCSB TIX tribunal, remarkably, relied on detective's recollection of damning evidence in rape-kit report--even though the report contained no such language.
TIX tribunal--under instruction from gen'l counsel--uses formal rules of evidence to disqualify exculpatory evidence for acc'd student, after not using formal rules of evidence to allow inculpatory evidence from detective.
TIX tribunal denies acc'd student access to the key evidence used against him: rape-kit report.
Court is stunned: "The accused must be permitted to see the evidence against him. Need we say more?"
Court is stunned: "The accused must be permitted to see the evidence against him. Need we say more?"
CA appellate court: UCSB argument "strains credulity" in claim that due process rights of acc'd student were protected b/c detective testified about contents of report that was never shown to acc'd student.
Interesting section here: most due process rulings don't suggest acc'd student has right to discovery. Court here implies that, at least in some instances, key evidence must be turned over to acc'd student.
Following on heels of CA6 ruling in @UMich case, re meaningful legal representation: "A student, whose counsel cannot actively participate, is set up for failure because he or she lacks the legal training and experience to respond effectively to formal evidentiary objections."
On & on court attacks fairness of UCSB proceeding: "The Committee reached a significant finding based on nothing more than speculation."
The searing conclusion. Full ruling at link: courts.ca.gov/opinions/docum…
