BOERMEESTER v. CARRY

No. S263180.

15 Cal.5th 72 (2023)

MATTHEW BOERMEESTER, Plaintiff and Appellant, v. AINSLEY CARRY et al., Defendants and Respondents.

Supreme Court of California.

July 31, 2023.


Attorney(s) appearing for the Case

Hathaway Parker, Mark M. Hathaway and Jenna E. Parker for Plaintiff and Appellant.

Cynthia P. Garrett for Families Advocating for Campus Equality as Amicus Curiae on behalf of Plaintiff and Appellant.

Horvitz & Levy, Beth J. Jay , Jeremy B. Rosen , Mark A. Kressel , Scott P. Dixler , Sarah E. Hamill ; Young & Zinn, Julie Arias Young and Karen J. Pazzani for Defendants and Respondents.

Rob Bonta , Attorney General, Matthew Rodriquez , Chief Assistant Attorney General, Michael L. Newman , Assistant Attorney General, Sarah E. Belton and Alexis M. Piazza , Deputy Attorneys General, for the Attorney General of California as Amicus Curiae on behalf of Defendants and Respondents.

Gibson, Dunn & Crutcher, Theane Evangelis , Jeremy S. Smith , Andrew M. Kasabian ; Amy Porter ; and Brenda Adams for California Women's Law Center, Equal Rights Advocates, Kylee O., Maryam I., Claudia R., Alliance for HOPE International, Atlanta Women for Equality, Child Abuse Forensic Institute, Center for Community Solutions, Community Legal Aid SoCal, Domestic Abuse Center, Family Violence Appellate Project, Family Violence Law Center, Feminist Majority Foundation, Law Foundation of Silicon Valley, Legal Aid at Work, Legal Voice, Los Angeles Center for Law and Justice, National Association of Women Lawyers, National Women's Law Center, Public Counsel, Rural Human Services/Harrington House, San Diego Volunteer Lawyer Program, Southwest Women's Law Center, Texas Association Against Sexual Assault, Walnut Avenue Family & Women's Center, WEAVE, Inc., and Women's Law Project as Amici Curiae on behalf of Defendants and Respondents.

O'Melveny & Myers, Apalla U. Chopra , Marni Barta , Allan W. Gustin and Anton Metlitsky for California Institute of Technology, Chapman University, Claremont McKenna College, Occidental College and Pepperdine University as Amici Curiae on behalf of Defendants and Respondents.

Arent Fox, Lowell C. Brown and Candace C. Sandoval for California Hospital Association as Amicus Curiae.


OPINION

In recent years, courts in California and throughout the nation, as well as the California Legislature and the United States Department of Education's Office for Civil Rights (OCR), have attempted to determine the precise procedures universities1 must utilize when investigating and...

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