Former doctoral student can sue UCLA over disciplinary process, 9th Circuit rules

A 9th U.S. Circuit Court of Appeals panel on Tuesday revived a Title IX complaint filed by a former Chinese doctoral student who was kicked out of school for violating UCLA's dating violence policy and claimed the university's disciplinary process discriminated against men.

The panel vacated a ruling by Chief U.S. District Judge Philip S. Gutierrez of the Central District that dismissed the complaint and sent the case back to him.

9th Circuit Judge Consuelo M. Callahan, an appointee of President George W. Bush, wrote that the facts alleged by the plaintiff -- who is alleging violations of Title IX, the Fourteenth Amendment, and state law -- raised a "plausible inference" that UCLA's investigations of sexual misconduct were biased. She cited comments by Jason Zeck, UCLA's Respondent Coordinator to Doe, saying they supported the plaintiff's assertions.

"Instead, as we must accept this well-pleaded allegation as true, Mr. Zeck's statement suggests that UCLA's Title IX officials held biased assumptions against male respondents during the course of Doe's disciplinary proceeding," Callahan wrote.

"Particularly given the ultimate findings of Roe's numerous fabrications, Mr. Zeck's statement plausibly supports an inference that the Regents prejudged Roe's allegations (and Doe's defenses thereto) during its investigation on the basis of their respective genders," she added. John Doe v. Regents of the University of California, 2022 DJDAR 361 (9th Cir., filed Aug. 14, 2020).

The doctoral student, listed as a John Doe, was engaged to be married to a former UCLA student, who also wasn't named in the court documents. He broke off their engagement after learning she had been cheating on him, according to Callahan's opinion.

On Feb. 13, 2017, the woman showed up unannounced at the doctoral student's office, where he was a graduate instructor, and pounded on the door, according to the opinion. She allegedly blocked the door as he tried to leave, and the doctoral student was able to get around her. University police arrested him after his class for misdemeanor domestic battery. She alleged she suffered a rib fracture during the encounter, but university officials subsequently found this was not true.

The university's Title IX Office and the Office of Student Conduct issued a joint Notice of Charges to the doctoral student, charging him with violations of policies relating to dating violence, conduct that threatens health or safety, stalking, sexual harassment, terrorizing conduct and sexual assault. The report found that the woman suffered no bodily injury on Feb. 13, 2017, instead finding that the doctoral student had placed the woman "in reasonable fear of serious bodily injury."

Associate Dean of Students Jasmine Rush suspended the doctoral student from UCLA for two years. In May 2018, Los Angeles County Superior Court Judge James C. Chalfant set aside UCLA's decision that the doctoral student violated the University of California's Policy for Sexual Violence and Sexual Harassment ("UC SVSH Policy") and its Student Conduct Code. John Doe v. Regents of the University of California, BS172217 (Los Angeles County Sup. Ct filed Feb. 13, 2018).

Mark M. Hathaway, a partner with Hathaway Parker Inc. who represents the doctoral student, said, "We're very pleased that the court recognized John Doe made a showing of bias in the Title IX process and in particular at UCLA. All students have a right not to have their educations interrupted by procedures that are biased."

Bill Kisliuk, a UCLA spokesman, said the university is committed to investigating all allegations of sex discrimination, harassment or violence "carefully and impartially, taking appropriate action when warranted."

"In reaching its decision, the court accepted all of the plaintiff's allegations to be true, as it was required to do at this stage of the case," he added. "The university disputes the allegations. We will continue to seek a fair outcome and look forward to sharing our position in court."

UCLA was represented by Hailyn J. Chen, a partner with Munger, Tolles & Olson LLP.

Hathaway said his client has remained in the United States.

The other members of the 9th Circuit panel are Judge Danielle J. Forrest, an appointee of President Donald Trump, and U.S. District Judge Carol Bagley Amon of the Eastern District of New York, an appointee of President George H.W. Bush.