Jane Roe arranged to meet John Doe in his dorm room for sex and to smoke marijuana. John Doe asked his roommate for an edible, that he and Jane Roe congested. They both had consensual sex and she texted her friend to pick her up and walked out on her own. Later she claimed that she was having a reaction to the edible. Said also claimed that sex continued for 50 minutes and was non-consensual. Her story changed when phone records showed she had been in the room for 25 minutes. John Doe was expelled.
Dr. Lee M. Mintz, the Director of the Center for Student Rights and Responsibilities at SDSU served as the investigator of John Doe’s Title IX disciplinary proceeding and prosecutor for his disciplinary hearing. The night before his hearing August 27, 2015, Dr. Mintz provided him with an additional 151 pages of exhibits in support of her prosecution. Later, Dr. Mintz postponed John Doe’s hearing to October 15, 2015 and asserted additional charges against Petitioner without providing him with any basis for their inclusion.
On November 13, 2015, Mr. Eric Rivera notified John Doe that the hearing officer determined he was in violation of certain provisions of the California Code of Regulations; Mr. Rivera failed to include any information on his rights to an appeal the hearing officer’s decision and he initially failed to provide John Doe with the hearing officer’s report. After multiple requests for his rights to appeal, Mr. Rivera still failed to provide Petitioner with the requested information.
Pending
Attorney: Mark Hathaway , Werksman Jackson Hathaway & Quinn LLP,