Public and private universities operate by different sets of rules.
This concept was tested in the recent California Supreme Court case Boermeester v. Carry, in which the court determined that the University of Southern California (a private school) utilized a process for reports of sexual misconduct that complied with the common law doctrine of fair procedure, notwithstanding that live cross-examination was not part of the University’s process.
OIG Partner Alezah Trigueros recently wrote about this case for the Daily Journal, explaining the background of the case and providing insights into the court’s decision. She notes that the court, “declined to impose on private universities the unnecessary procedures imposed on public ones and took a step forward in protecting victims of abuse.”
You can read the full article on the Daily Journal website (subscription required).