Opinion
S263180
09-30-2020
BOERMEESTER (MATTHEW) v. CARRY (AINSLEY)
B290675 Second Appellate District, Div. 8
Issues ordered limited
The issues to be briefed and argued in the above-entitled case are as follows:
1. Under what circumstances, if any, does the common law right to fair procedure require a private university to afford a student who is the subject of a disciplinary proceeding with the opportunity to utilize certain procedural processes, such as cross-examination of witnesses at a live hearing? 2. Did the student who was the subject of the disciplinary proceeding in this matter waive or forfeit any right he may have had to cross-examine witnesses at a live hearing? 3. Assuming it was error for the university to fail to provide the accused student with the opportunity to cross-examine witnesses at a live hearing in this matter, was the error harmless?