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KC Johnson
@kcjohnson9
, 3 tweets, 2 min read Read on Twitter
Just in: @csunorthridge is the latest California school on the losing side of a due process decision b/c it found a student guilty w/o providing him a hearing, or any chance to x-examine his accuser.
Ruling also indicates that Cal. St. system is developing "forthcoming" procedures to comply with the 5 CA appeals court decisions that require hearings/x-exam. The obvious question: what took them so long, & why did it take 5 rulings, rather than 1 or 2, to produce the change?
Full ruling, from CA state court, is below. Worth noting that UC chancellor Janet Napolitano has defended procedures like these--which court after court after court has found unlawful--in opposing the DeVos TIX regs.
kcjohnson.files.wordpress.com/2019/02/doe-v-…
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KC Johnson
@kcjohnson9
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.
Read 12 tweets
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KC Johnson
@kcjohnson9
Latest university on losing side of due process decision is @CalPoly. CA state judge accuses university appellate officer of being "wrong" and "misleading" on key facts of the case.
Judge notes significant @CalPoly procedural problems--lack of notice as to specifics of allegation, lack of opportunity for acc'd student to meaningfully respond. Accuser was never questioned; key evidence was another student's 2nd-hand recollection 5 months later.
Because judge finds no substantial evidence for the allegation, he declines to remand the case to @CalPoly & simply sets aside finding.
Full ruling is here:
kcjohnson.files.wordpress.com/2018/07/calpol…
Read 3 tweets
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KC Johnson
@kcjohnson9
Just in: In first-of-its-kind ruling in TIX cases, judge issues TRO ordering @umich to provide acc'd student (facing an ongoing inv'n) with a hearing--as well as circumscribed x-examination of accuser--to replace university's "single investigator" model.
Judge makes clear--following the dictates of CA6 Cincinnati ruling--that providing a hearing & allowing at least some form of cross-examination benefits not only acc'd student but also the *university's* "truth-seeking" efforts.
Judge notes oddity of @UMich procedures--which grant robust protections to students acc'd of all other, often much less serious, offenses, while denying them to students facing the most serious campus charge:
Read 4 tweets

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Alisande 🇺🇸
@Alisand3
This rant is long. I apologize but listening to Kamala Harris tonight made me realize what a dire situation #California and AND America is in. So here goes. RANT BEGINS:
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A thread.
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Michał Szpakowski
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Lorraine Mulholland
@lorraineelizab6
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postcardsforAmerica
@postcards4USA
Democratic Candidates for Congress, Attorney General, Secretary of State, Governor & State Reps
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Democratic Candidate #CA48

Harley Rouda
harleyforcongress.com
@HarleyRouda

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Mike Levin
mikelevin.org
@MikeLevinCA
Darrell Issa (R-retiring)

VOTE NOVEMBER 6
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aderson francois 🇭🇹 14A
@abfrancois
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