with the University of Southern California in a dispute over in-person questioning of an accuser and witnesses during Title IX proceedings at private universities.
At the time of Title IX proceedings against Boermeester, USC allowed individuals subject to a Title IX investigation to question the accuser in writing only. The Title IX investigator would then ask the accuser these questions outside the accused’s presence.. FACE, which “support[s] and advocate[s] for equal treatment and due process for those affected by inequitable Title IX campus disciplinary processes,” submitted a brief supporting Boermeester.
“The university is pleased with the decision and the California Supreme Court’s clarification of the law on this important issue,” USC representative Lauren Bartlett told“The university will continue to put its students first by using a comprehensive disciplinary process that protects the rights and interests of all students.”
The court noted the balance universities must achieve when crafting disciplinary proceedings, a balance the court declined to upset by requiring live questioning in Title IX proceedings:
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