Chad Ayach and Joseph Nofal have filed an appeal against the Regents of the University of California, challenging their expulsions from UC Riverside. The complaint was filed in the Superior Court of Los Angeles County on May 5, 2021, under Case No. 21STCP01434. The plaintiffs argue that the university's administrative hearings did not afford them due process.
The case stems from a 2019 investigation by UC Riverside’s Student Conduct and Academic Integrity Programs office (SCAIP) into hazing activities within the Phi Gamma Delta fraternity (PGD). Nofal, then chapter president, and Ayach, the disciplinarian for the pledge class, were implicated in several violations of university policies. These included forced workouts as punishments, mock kidnappings involving tasers, and various other hazing rituals. Both Nofal and Ayach admitted to some of these activities during SCAIP interviews but contended that they were part of long-standing traditions.
The plaintiffs argue that their due process rights were violated because they were not allowed to confront or cross-examine witnesses whose statements were used against them. They also claim that the use of pseudonyms for witnesses in charging documents prevented them from conducting a meaningful investigation into the allegations. Despite these claims, both the initial hearings and subsequent appeals upheld their expulsions.
Nofal and Ayach sought judicial intervention through a writ of mandate to overturn their expulsions. However, on September 14, 2022, the court denied their petition. The court ruled that due process in university disciplinary proceedings is flexible and depends on specific circumstances. It found that Nofal and Ayach had been given adequate opportunities to present their defenses.
The plaintiffs are seeking a reversal of this decision from the appellate court. They maintain that their inability to cross-examine witnesses compromised their ability to defend themselves effectively. They also allege bias in the committee's decision-making process.
Representing Chad Ayach and Joseph Nofal is attorney David Romley. The defendants are represented by Venable LLP with Jean-Paul P. Cart as counsel. The case is being reviewed by Judge Mitchell L. Beckloff under Case ID B325545.