Opinion
S263180
10-14-2020
BOERMEESTER (MATTHEW) v. CARRY (AINSLEY)
B290675 Second Appellate District, Div. 8
Additional issues ordered
On September 30, 2020, the court directed the parties to brief and argue the following issues in the above-entitled case: 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? In addition to these issues, the court directs the parties to brief and argue the following issue in the above-entitled case: 4. What effect, if any, does Senate Bill No. 493 (2019-2020 Reg. Sess.) have on the resolution of the issues presented by this case?