Prescott v. White
California Court of Appeal Case Number B2002023
Second Appellate District, Division Nine
This case presents the following issues:
(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?
(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?
The Record
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Undisputed facts:
PAU is a private university.
Following his expulsion, Prescott filed a petition for a writ of mandamus in the Superior Court. The Superior Court denied the petition. Prescott filed a timely appeal.
Peter Prescott is the appellant in this proceeding; he is submitting an Opening Brief.
PAU is the respondent in this proceeding; the University is submitting a Respondent’s Brief.
