Sex Discrimination Lawsuit Over Alleged Wrongful Title IX Suspension Against UCLA Can Go Forwardhttps://reason.com/volokh/2022/01/14/sex-discrimination-lawsuit-over-alleged-wrongful-title-ix-suspension-against-ucla-can-go-forward/From Doe v. Regents, decided Tuesday by the Ninth Circuit, in an opinion by Judge Consuelo Callahan, joined by Judge Danielle J. Forrest and District Judge and Carol Bagley Amon:
Based on a former student's bare allegations of misconduct, and before beginning a formal Title IX investigation, the University of California, Los Angeles (the "University" or "UCLA") issued an immediate interim suspension of John Doe, a Chinese national graduate student just months away from completing his Ph.D. in chemistry/biochemistry. Over five months later, the University suspended Doe for two years after finding he violated the University's dating violence policy by placing Jane Roe "in fear of bodily injury," just one of the thirteen charges the University brought against him. As a result, Doe lost his housing, his job as a teaching assistant on campus, his ability to complete his Ph.D., and his student visa….
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On February 13, 2018, Doe filed a petition for writ of mandamus against the Regents in Los Angeles Superior Court, in which he challenged the disciplinary proceedings and decision rendered by the University. On April 3, 2018, Judge Chalfant granted Doe's motion to stay the decision and sanction, finding in relevant part that the evidence did not support the University's findings. Not long thereafter, on May 22, 2018, the Regents filed a Confession of Judgment stating that the Regents believed that Doe's petition should be granted. The court therefore entered judgment in Doe's favor, the Regents' decision and sanction were vacated and set aside, and the matter was remanded for the Regents to reconsider its action.
But this relief came too late, and Doe lost his student visa status.
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First, the [Complaint] alleges that Jason Zeck, UCLA's Respondent Coordinator, advised Doe in July 2017, during the pending Title IX investigation, that "no female has ever fabricated allegations against an ex-boyfriend in a Title IX setting." The Regents' position that Mr. Zeck's alleged statement cannot possibly be true because Doe was only found responsible for one of the thirteen alleged incidents of misconduct brought against him by Roe is simply untenable. ...
Instead, as we must accept this well-pleaded allegation as true, Mr. Zeck's statement suggests that UCLA's Title IX officials held biased assumptions against male respondents during the course of Doe's disciplinary proceeding. Particularly given the ultimate findings of Roe's numerous fabrications, Mr. Zeck's statement plausibly supports an inference that the Regents prejudged Roe's allegations (and Doe's defenses thereto) during its investigation on the basis of their respective genders.
I hope this former student raps UCLA's snout soundly, and that every educrat involved in this travesty is held individually and personally responsible, in their finances and their careers in any/all State of CA college or university. If educrats experience no consequences personally they will continue their state-subsidized discrimination.
