Due Process on College Campuses

Orange County Lawyers Chapter

Speaker: 

  • Mark Hathaway, Partner, HathawayParker

Campus procedures for resolving allegations of misconduct often lack due process and fundamental fairness. After representing a great number of students and faculty members who have been falsely accused of misconduct and unfairly punished at their educational institutions, our speaker, Mark Hathaway, recently won a case in the California 2nd District Court of Appeal, John Doe v. University of Southern California, that set forth a precedent: students in Title IX hearings are entitled to the minimum due process guarantees of notice, and a meaningful opportunity to present their case. It further established that where a student faces serious discipline and the university’s determination is based on witness credibility, the adjudicator must be able to observe the demeanor of those witnesses in deciding which witnesses are more credible. 

In this era of moral panic, join us as Mark reviews the state of due process and Title IX adjudication on California college campuses. Mark’s extensive experience representing individuals and companies accused of complex financial crimes, government fraud, tax crimes, and related administrative, civil, and regulatory matters, has helped him to navigate complex Title IX sexual misconduct investigations, adjudication proceedings, and court litigation. Since stepping in to help a family friend at Occidental College in 2013, Mark has assisted more than one hundred students and faculty in Title IX misconduct cases, both complainants and accused, with many cases resolved at the campus level. Mark received his undergraduate degree from California State Polytechnic University and his J.D. from Southwestern University School of Law, Los Angeles, California. He is a certified tax specialist and is admitted to practice law in California, Illinois, New York, and Washington, D.C.

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