John Doe v. Chapman University OCSC # 30-2015-00806506-CU-PT-CJC
In a he-said-she-said scenario, Jane Roe accused John Doe of rape on the night of March 6, 2015. After finding no conclusive evidence of vaginal rape, a Chapman administrative committee enforced a two-year suspension on John Doe after failing to find convincing evidence that Jane Doe consented to anal intercourse.
Attorney: Mark Hathaway, Hathaway Parker LLP.
Zackery Ramoz Taylor v. UC Santa Cruz - Case No: 16CV00914
A lawsuit filed April 2016 in Santa Cruz Superior Court, stems from alleged sexual misconduct that occurred in September 2014. The case involves University of California-Santa Cruz student Zackery Ramos-Taylor, a member of the university's cross-country team, and an unnamed female member of the team who accused Ramos-Taylor of sexually assaulting her the morning after a party the two attended.
For his part, Ramos-Taylor says the interaction was not only consensual, but initiated by the woman — an assertion Ramos-Taylor claims in his lawsuit was corroborated by numerous witnesses.
In the suit, Ramos-Taylor claims the university suspended him without due process and that he should be reinstated in school and allowed to graduate on schedule.
Attorney: Andrew C Janecki, Law Office of Andrew C Janecki
JOHN DOE v. CLAREMONT MCKENNA COLLEGE, Case No. CR 1415-29
John Doe, alleged in the sexual assault of a fellow Claremont McKenna student on Oct. 4, 2014, was denied procedural due process as Title IX investigator Katherine Edwards of the case assumed multiple roles in the judiciary process. The proper diffusion of power and responsibility in John Doe’s school prosecution is suspect. Edwards also unethically altered testimony to target John Doe’s defense.
Attorney: Mark Hathaway, Werksman Jackson Hathaway & Quinn, LLP.
John Doe v. La Sierra University, Case NO. RIC 1606115
Amidst the firestorm of accusations that La Sierra University mishandled sexual assault reports, the administration has responded sternly by enforcing the Clery and Title IX acts. In one case, Jane Roe accused John Doe of sexual assault on the night of April 11, 2015. Three months later, Roe shared the details with her parents and with a Title IX administration at La Sierra. John Doe was immediately expelled, and his student visa eligibility was abruptly terminated. Doe is claiming that the school did not follow any procedural due process, as he continues to fight in court to legally remain in the United States.
UPDATE July 2016 - La Sierra University has been ordered to stop the expulsion of the international student and allowed him register for fall classes pending court review of the university’s Title IX sexual misconduct disciplinary process."
Attorney: Mark Hathaway, Werksman Jackson Hathaway & Quinn LLP.
Chester Brown V. Maricruz Lopez Case No. KS018979
Chester Brown was cleared by the college and law enforcement of any misconduct; A year later Aarifah Mosavi changed her story and Mr. Brown was target of campus protests and social media campaign by Ms. Mosavi and BANM (By Any Means Necessary) organization
Judge granted restraining order against protest leader; protests and social media campaign stopped.
Attorney: Mark Hathaway, Werksman Jackson Hathaway & Quinn, LLP.
John Doe v. Occidental College, LASC No. BS147275
Before going to John Doe's dorm room to have sex, Jane Doe texted to John, “Okay do you have a condom." John replied, "Yes," and Jane texted back, "Good give me two minutes." She then texted to another friend, "I'mgoingtohave sex now." A week later Jane said though she remembers performing consensual oral sex, she "could not specifically recall having intercourse." Jane says she made a formal complaint because she was told that 90% of rapes are done by repeat offenders and Asst. Professor Danielle Dirks told her that "[John Doe] fits the profile of other rapists on campus in that he had a high GPA in high school, was his class valedictorian, was on [a sports] team, and was ‘from a good family.’ " Occidental adjudicator Marilou Mirkovich found John responsible for sexual assault and ordered him expelled. Subject of Fox New report: The truth about sex and college. Esquire magazine : Occidental Justice. Hearing on court appeal scheduled for September 13, 2016.
Attorneys: Mark Hathaway, Werksman Jackson Hathaway & Quinn, LLP.
John Doe v. Occidental College, Case NO. B.S. 156253
"This dispute is between two private parties—a private college and one of its students—concerning the college’s internal disciplinary process that terminated the student’s legal and contractual rights to complete his college education through a private administrative process controlled entirely by the private college, with no rules of evidence, no right to the evidence against him, no right to confront witnesses, no right to counsel, an internal appeal that ignores the hearing record entirely, and with the accused student labeled as responsible for “sexual assault” under the college’s policy, not under any penal code or civil code, but with similar adverse life-time consequences (Title IX for All)".
John Doe v. Occidental College, Case NO. B.S. 155004
"Occidental College expelled John Doe for sexual assault and non-consensual sexual contact with a female student during the first week of school in August 2013.
Jane Doe initiated the sexual contact, then asked the male student for a condom in writing, then texted a friend that she was going to have sex, then asked for a condom again when she got to John Doe’s dorm room, then she willingly performed consensual oral sex on John Doe, then she told friends through John Doe’s dorm room door that she was “fine” when she was having sex, and then continued sexual intercourse when another student walked in on the couple in the midst of sexual intercourse, and then she texted smiley faces [] to friends right after having sexual intercourse, as soon as she left John Doe’s dorm room (Title IX for All)".
Attorney: Mark Hathaway, Werksman Jackson Hathaway & Quinn, LLP.
John Doe. v. Donald Dudley, Case No. PT 15- 1253.
Accused student summarily suspended before any hearing , lost his University housing, was not allowed to complete his spring semester coursework, and was prevented from taking his final exams just an hour before the start of his first exam. UC Davis ordered John Doe not only to stay away from the campus, but stay out of the entire City of Davis, California. Judge granted a motion to stay the interim suspension of the accused student. Case resolved at university level with no discipline.
Attorney: Mark Hathaway , Werksman Jackson Hathaway & Quinn LLP,
DOE v. ERIC RIVERA, et al. 30-2015-00029558-CU-WM-CTL
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,
John Doe v. UCSD, SDSC Case 37-2015-00010549
Judge Joel Pressman issued order stating:
“The Court finds that the hearing was unfair and that evidence did not support the findings. The court GRANTS the Petition for Writ of Mandamus and orders Respondent to set aside its findings and sanctions issued against petitioner.”
Attorneys: Matthew Haberkorn, Haberkorn & Associates: Mark Hathaway. Werksman Jackson Hathaway & Quinn, LLP.
Adam Searl v. UCLA
UCLA Punter Adam Searl was indefinitely suspended from the College without notice and without a hearing after being accused of sexual assault by student he met at an off-campus house party in Westwood. He had accompanied her to a nearby residence where the alleged assault took place.
Attorney: Mark Hathaway , Werksman Jackson Hathaway & Quinn LLP,
Outcome: No criminal charges filed, Searl currently attends UCLA and expects to graduate in 2017
View Press Release HERE
John Doe v. UCLA, LASC Case No. BS155236
Misconduct report filed a year after consensual sex. Accused student suspended without hearing, found responsible at campus hearing, then appealed to Superior Court. Court remanded case back to UCLA for another hearing; Accused student cleared at second campus hearing.
Attorney: Mark Hathaway , Werksman Jackson Hathaway & Quinn LLP,
Bryce Dixon vs. Kegan Allee, Title IX Investigator, Ainsley Carry ED, D, Vice Provost Student Affairs, USC. Case No. BS157112
Bryce Dixon, a former tight end for USC, was expelled following a school sexual misconduct investigation, he return to the Trojans after gaining a favorable ruling in court.
Los Angeles Superior Court Judge Robert H. O’Brien ordered USC to stay its expulsion of Dixon. In the ruling, O’Brien said he had concerns about the university's investigative and hearing processes, and due process.
Attorney: Mark Hathaway, Werksman Jackson Hathaway & Quinn LLP,
John Doe v. University of Southern California, Case NO. 1: 2013-cv-02747
University of Southern California’s Summary Administrative Review board alleged that student John Doe committed sexual misconduct, sexual assault and rape against Jane Roe on the night of April 13, 2014. John Doe appeals the University’s verdict on the grounds of a violation of due process, noting there exist no such “unauthorized alcohol use,” “sexual misconduct” nor “rape” provisions of USC’s Student Conduct Code, and that USC Title IX investigator Dr. Kagen Allee unlawfully acted as “judge, jury and executioner” in the internal case proceedings.
Attorney: Mark Hathaway, Werksman Jackson Hathaway & Quinn LLP.