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PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

10 California Universities Now Listed in the Kangaroo Court ‘Hall of Shame:’ USC is the Worst Offender

WASHINGTON / December 17, 2021 – Ten California schools have been on the losing end of a growing number of judicial decisions for campus sexual harassment cases.  The cases involved a broad range of due process failings, including a presumption of guilt, lack of timely notification of allegations, guilt-presuming investigations, overly biased hearings, and sex discrimination against male students.

The school with the largest number of adverse rulings is the University of Southern California, with six decisions against the institution to date. In the Boermeester v. Carry case, the judge explicitly affirmed the necessity of cross-examination procedures:

“The judgment is reversed and the matter remanded to the superior court with directions to grant Boermeester’s petition for writ of administrative mandate. Should USC choose to proceed with a new disciplinary hearing, it should afford Boermeester the opportunity to directly or indirectly cross-examine witnesses at an in-person hearing.” [emphasis added]

In addition to USC, nine other California schools have been found by judges to have violated basic due process, fundamental fairness, Title IX, and/or contractual obligations:

• University of California – Santa Barbara – 2 judicial decisions
• California Institute of Technology – 1
• California State University – Chico – 1
• California State University – Fresno – 1
• California State University – Northridge – 1
• Claremont McKenna College – 1
• Pomona College – 1
• San Diego State University – 1
• Westmont College – 1

The campus adjudications that are challenged in court represent a small subset of the total number of Title IX cases, suggesting that due process protections are under assault by California institutions. A listing of the case citations is shown below.

More information about these and other judicial decisions is available in SAVE’s Analysis of Judicial Decisions Affirming the 2020 Title IX Regulations. https://www.saveservices.org/title-ix-regulation/analysis-of-judicial-decisions/

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Citations for California Judicial Decisions

Name of College	Number of Decisions	Case Citation (in reverse chronological order)
University of Southern California	6	Boermeester v. Carry, 263 Cal. Rptr. 3d 261, 279 (Cal. Ct. App. May, 28, 2020) Doe v. Allee, 242 Cal. Rptr. 3d 109, 137 (Cal. Ct. App. Jan. 4, 2019) Doe v. Carry, Cal. Ct. App. No. B282164, 2019 WL 155998 (Cal. App. Jan. 8, 2019) Doe v. University of Southern California, 29 Cal. App. 5th 1212, 1234, 241 Cal. Rptr. 3d 146, 164 (Cal. Ct. App. Dec. 11, 2018 Doe v. Ainsley Carry et al., Case No. BS163736 (Cal. Sup. Ct. Dec. 20, 2017) Doe v. Univ. of S. California, 200 Cal. Rptr. 3d 851 (Cal. Ct. App. Apr. 5, 2016)
University of California – Santa Barbara (UCSB)	2	Doe v. Regents of the University of California, 2d Civ. No. B283229 (Cal. Ct. App. Oct. 9, 2018) Doe v. Regents of the University of California, et al., Case No. 17CV03053 (Cal. Sup. Ct. Dec. 22, 2017)
California Institute of Technology	1	Doe v. California Institute of Technology, 2019 Cal. Super. LEXIS 10956 (Cal. Sup. Ct. July 9, 2019)
California State University – Chico	1	John Doe v. Trustees of the California State University, et al., No. BS167261 (Cal. Super. Ct. May 30, 2018)
California State University – Fresno	1	Doe v. The Trustees of the State of California, No. BS167329 (Cal. Sup. Ct. Feb. 5, 2019)
California State University – Northridge	1	Doe v. White, No. BS171704, (Cal. Sup. Ct. Feb. 7, 2019)
Claremont McKenna College	1	Doe v. Claremont McKenna Coll., 236 Cal. Rptr. 3d 655, 667 (Cal. Ct. App. Aug. 8, 2018)
Pomona College	1	Doe v. Glick, No. BS163739, 2017 WL 9990651 (Cal. Sup. Ct. Oct. 16, 2017)
San Diego State University	1	Doe v. Rivera, No. 37-2015-00029558-CU-WM-CTL (Cal. Sup. Ct. Feb. 1, 2017)
Westmont College	1	Doe v. Westmont College, 34 Cal. App. 5th 622, 625 (Cal. Ct. App. Apr. 23, 2019)