(Recall this was a “dating-ish” relationship.) ‘Motherfuckers’: Judge rules USC denied ‘fair and impartial’ Title IX investigation to accused student by The College Fix on Scribd the parties that night, and failed to give “any rationale” for not interviewing Doe’s roommate, who was explicitly suggested by Roe.
In his final investigative report, Noonan left out more than 150 pages of communications with Roe provided by Doe.
(Interestingly, White suggests USC may have disingenuously cited federal student privacy law to avoid explaining why it didn’t interview the roommate.
Noonan and Means also described Roe as “a catch” and expressed, “[She is] so cute and intelligent. ” USC is actually responsible for California case law on the obligations of private educational institutions in student disciplinary proceedings – it screwed over an accused student in an ambiguous orgy – so Judge White didn’t have to look far for guidance.
She cited an “unacceptable probability of actual bias” against Doe, not only because of the “motherfuckers” comment by the officials in charge of the investigation, but because Means was also advising the “purportedly neutral” review panel that issued the decision against Doe: In this case, the review panel did not issue any rationale for “its” determination and, instead, summarily adopted the findings of [Noonan]. In sum, the panel is merely a proxy for the Title IX office, which actually rendered the underlying decision.. Thus, it is disingenuous to argue that USC’s review process prevents bias from tainting the outcome when Coordinator Means – a person who has expressed vitriol against [Doe] and favoritism toward Roe – is permitted to advise each purported decision maker …
There are a couple major factual disputes between the two.
Roe claimed Doe’s roommate “knocked a few times” and then entered the room as she was leaving in tears, and gave her “a confused face.” Doe claimed no one knocked and Roe was gone the next morning when he woke.