Appeals court knocks out UCSD student

The Fourth Appellate District late last month upheld a lower court ruling that Daniel Berman, a University of California/San Diego (UCSD) undergrad who punched out a colleague, was appropriately punished when suspended for two quarters.

According to the appellate panel, Berman knocked out another student, who fell to the ground, sustained a concussion, and had to be taken to the hospital.

The UCSD Office of Student Conduct sent a letter to Berman, saying that he had engaged "in physical acts of violence with another UCSD student while possib[ly] under the influence of alcohol." Berman requested a review by a board of students, faculty, and staff, which recommended probation and other sanctions. But dean of student affairs Patricia Mahaffey decided the sanctions were too light, and after consultation with other deans, ruled that Berman should be suspended for two quarters.

Berman did not challenge the facts, but argued that that Mahaffey was not authorized to impose suspension when the student conduct review board did not. Berman lost at both the trial and appellate level.