John Doe vs Regents of the University of California
Case No: 17CV03053
Hearing Date: Fri Mar 23, 2018 9:30

Nature of Proceedings: Motion: Order to Show Cause

Tentative Ruling: The court denies petitioner John Doe’s motion for order to show cause re contempt of Regents of California for failure to comply with the writ of mandate dated January 8, 2018. The court sets a Case Management Conference for April 13, 2018, at 8:30 a.m.

Background: In this proceeding, petitioner John Doe, a student at the University of California Santa Barbara (“UCSB”), sought a writ of mandamus challenging his dismissal from UCSB, after he was accused of stalking a fellow student. Respondent is Regents of the University of California.

In a minute order dated December 22, 2017, the court granted the writ, and ordered: “The court sets aside the Appeal Decision of the Interpersonal Violence Appeal Review Committee, University of California, Santa Barbara, in Title IX Case #2016-0121. To be clear, this means that John Doe is again a student at the University of California, Santa Barbara. The Interpersonal Violence Appeal Review Committee shall reconsider the case in light of the court’s opinion and judgment. The same panel of the Interpersonal Violence Appeal Review Committee may, though it need not, conduct a new hearing. It can consider the evidence before it, including the transcript of the hearing, and render a new decision in accordance with the University of California Sexual Violence and Sexual Harassment Policy. Because credibility determinations must be made, if the same panel cannot be reconstituted, a new hearing will be necessary.”

On January 8, 2018, the court entered judgment granting the petition and entered a peremptory writ of administrative mandate commanding Regents to file, no later than 30 days after the date the writ was served on Regents, a return to the writ setting forth what it had done to comply with the writ. Doe filed a proof of service indicating personal service of the writ on January 10, 2018.

On February 6, Doe filed a motion for order to show cause why Regents should not be held in contempt for failure to file a return, setting a hearing date of March 16. The court later continued the hearing date to March 23. On March 2, Regents filed a return and an opposition to the motion.

In the return, Regents indicates that, upon receipt of the writ, it began the process of vacating the sanction of dismissal, which was lifted on January 25. Regents began the process of reconvening the Interpersonal Violence Appeal Review Committee (“IVARC”) panel that had considered Doe’s administrative appeal. The panel was informed that the court had given it the option of conducting a new hearing or reconsidering its decision in light of the court’s opinion. The panel opted for reconsideration. On February 2, the panel met in person to re-evaluate the evidence and reconsider its prior decision. On February 5, the panel issued a revised and reconsidered decision rejecting Doe’s appeal and re-imposing the sanction of dismissal. Doe’s dismissal was put back into place effective February 27. On February 23, Regents mailed a copy of the panel’s reconsidered and revised decision by mail.

The return was not filed within 30 days of service of the writ. In a declaration in support of the contempt, Doe’s counsel states in conclusory fashion that Regents’ disobedience of the writ “has been willful and with the intent to frustrate the processes of this court and to deprive Petitioner herein, of the benefits to which he is entitled under the writ.” Doe offers no evidence of willful failure to comply with the writ. Doe’s counsel does not say that he contacted Regents’ counsel to find out what was going on.

Regents could have filed a return on or before February 9 indicating the status of complying with the writ. Instead, Regents chose to complete the process and filed a return 53 days after service. The court does not find the 23 day delay either willful or harmful. The court denies the motion for an order to show cause.

The court sets a Case Management Conference for April 13, 2018, at 8:30 a.m.