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Matthew Boermeester v. Ainsley Carry, et al.

Paid petition · Supreme Court of California, No. S263180 · judgment July 31, 2023


Certiorari denied · December 11, 2023
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether when an educational institution that is a recipient of Federal funds seeks to impose a lengthy suspension or expulsion on a student for alleged Title IX sexual misconduct and the credibility of witnesses is material to the decisionmaker’s finding, confrontation and cross-examination of witnesses at a hearing before neutral decision-makers are necessary elements of a fair process.

Counsel of record

For petitioner
Mark McClellan Hathaway
Hathaway Parker Inc

For respondent
Scott Philip Dixler
Horvitz & Levy LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Dec 01 2023
    Rescheduled.
  3. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  4. Nov 08 2023
    DISTRIBUTED for Conference of 12/1/2023.
  5. Nov 02 2023
    Waiver of right of respondent Ainsley Carry, et al. to respond filed.
  6. Oct 30 2023
    Petition for a writ of certiorari filed. (Response due December 4, 2023)