Title IX of the Education Amendments of 1972 is a federal civil rights law that bans sex discrimination in any school or education program that receives federal funding. This law requires colleges and universities to establish a formal policy that provides a climate in which students and faculty can learn and work free from sexual harassment, sexual assault, and stalking. Originally, this law was associated with sports, but today, its application establishes a parallel legal system on campus.
This blog discusses the complicated procedures for investigating sexual misconduct at California universities. It explains federal mandates as they relate to the strict requirements of California Senate Bill 493. You learn each step of the process, from the first notice you receive to the final hearing and how to appeal an unfair decision.
Understanding Title IX and the Evolution of Campus Discipline
The Title IX law has evolved from a 1970s sports law to a robust system for addressing sexual violence on campus. Learning its history allows you to know the reasons why schools act so aggressively when they receive a report of misconduct.
The Basic Rules of Title IX
At a federally funded college, Title IX stretches to nearly every aspect of your life. Many people believe it is only for the playing field, but it's also for admissions, financial aid, and your housing. You are under the authority of the school if you live in a dorm or are involved in a school club. Schools must end any "hostile environment" created by sexual misconduct.
Administrators are under extreme pressure to act quickly because the school could lose millions of dollars in federal funds if it doesn't. This pressure can leave you vulnerable, because the school might be more interested in funding than in your rights.
The Influence of Federal Regulations on University Policy
The rules for your school are directly from the federal government in Washington, D.C. The rules have undergone a lot of changes in the past few years, from simple guidance to strict laws. These requirements specify to your school how to provide notice and how to collect evidence. You are in a system where federal rules take precedence over what the school may want to do.
For example, existing policies require the school to presume innocence until the end. However, these rules can be altered at the change of a president. It is important to be aware of which version of the law applies to your case so that the school doesn't overlook your protections.
The Intersection of California Law and Federal Mandates
The "double layer" of protection for California students makes the campus disciplinary system more complicated. California Senate Bill 493 (SB 493) builds upon the federal Title IX baseline requirements. It provides more comprehensive definitions of harassment and mandates that are frequently more stringent than those imposed by federal Title IX.
Expanding Protections under California SB 493
SB 493 was passed in California to provide protections not required by the federal government. This state law governs all California colleges that receive state funds. It ensures that schools take action against misconduct even if federal guidelines are too strict. You get the benefit of a state rule that calls for “prompt and fair” results. This means that the school will not leave you waiting for months without any update. The state law also mandates that investigators be "trauma-informed," but the school will still need to make sure the process is fair for you, the accused.
Federal and State Definitions of Sexual Harassment
It is important to understand the difference between what the federal government considers harassment and what California considers harassment. Federal regulations may mandate that the behavior be "severe and pervasive" before the school intervenes. California law is much more liberal. It considers whether the behavior has a "purpose or effect" of creating a hostile environment. This can be a problem if you didn't violate a federal rule. For example:
- California particularly identifies "sexual exploitation" as a violation
- It is a serious crime under state law to record a sexual act without permission
- In California, a case only holds if the conduct is severe or pervasive
The Role of "Responsible Employees" and Mandatory Reporting
It is clear under California law who is required to report to the school's Title IX office. These “responsible employees" include your professors, coaches, and even your resident advisors. You should know that almost any talk you have with a school official about an incident will trigger a formal report. Your talk with a dean is not confidential, as it is with a private therapist.
When a rumor or a complaint is heard by an official, the legal system is already involved. In California, staff reports all they hear, and the school can even be held liable if the staff member "should have known" about the conduct.
The Phases of a Title IX Investigation
The Title IX case is a multi-step process and moves quickly through the school's office. Each meeting and each word will count towards the final decision and may even result in a criminal case.
Formal Complaint and Written Notice of Allegations
The case begins with a "Written Notice of Allegations. This letter is essential and provides details of the rules you are alleged to have violated. You are entitled to receive this notice in advance so you can make arrangements to prepare for the investigator's interview. The letter should tell you who is complaining and where the incident supposedly happened. When the notice is too general, you should object to it right away. At this stage, you are presumed "not responsible" for the conduct. This letter is a court summons, and your initial response will determine the course of your defense.
The Investigation and Interview Phase
A school official will conduct an interview with you, the complaining party, and with any witnesses during the investigation. This person is a "fact-finder," but remember the school employs them. You can present the investigator with evidence that supports your case. This covers your text messages, emails, and social media posts. It is never a good idea to attend an interview without legal counsel.
You should also understand that:
- The investigator will evaluate your story to identify any gaps
- You can give the investigator a list of witnesses to talk to
- Digital records, such as Uber receipts, should be turned over as soon as possible
- What you say here can later be used against you by the police
Reviewing the Evidence and Draft Report
You have the legal right to view all evidence the investigator has found before they have finished their investigation. These files will be available for 10 days for you to review and respond to. This is a time you must use to find errors or correct the investigator's errors. The investigator then prepares a final report summarizing the case. This report will be sent to you at least 10 days prior to your hearing. This is your last chance to make sure the facts are right. The report should be compared to one's own notes to see if the investigator missed something that could help.
The Adjudication Process
The live hearing is the most crucial element of the case for college students. It is the ideal time to defend yourself and prove that the charges are false.
The Live Hearing Requirement in Postsecondary Schools
You have the right to a hearing in front of a judge or panel. The hearing may be held in person or on screen, but must allow for the real-time viewing and hearing of all participants. This is a formal trial in which the school is on trial. No one who investigates your case can decide your case. You will get the opportunity to make an opening statement and a closing statement. The school must document the entire incident. You will need this recording if you ever have to appeal the decision.
The Importance of the Advisor and Cross-Examination
You cannot ask the accuser any questions; only your advisor can do so. The school must appoint an advisor for you if you don't have one, but school-appointed advisors might not be trained to help you win. The other party will be questioned by your advisor to check their memory and to see if they are lying. This "cross-examination" is your strongest weapon. You require an advisor who is knowledgeable of the school's rules and how to ask hard questions. In California, although the state has rules to prevent harassment during the hearing, you still have a federal right to deal with time questioning.
Rape Shield Protections and Relevancy Rulings
You will have to face "rape shield" laws that prevent your attorney from asking some questions. In general, you are not allowed to ask questions about the complainant's sexual history. The only two exceptions are that you must establish either that someone else did it or establish consent based on your own experience with that person.
The hearing chair decides if each question is allowed before it is answered, and the chair shall record the reason for blocking a question. Furthermore, you may not use an individual's past to attack their character. However, the same rules do not apply to your own past, and your advisor has to be prepared to object.
The Evidence Standards and the Risk of Self-Incrimination
Campus tribunals use lower standards of proof than the criminal court's "beyond a reasonable doubt. This puts you, the accused, in a difficult situation because what you say to preserve your education can end up getting you into criminal trouble in a parallel court action.
Explaining the Preponderance of the Evidence Standard
In most cases, the standard of proof is the "preponderance of the evidence. It's a "50 percent plus a feather" rule that you must be aware of. If the judge believes it's 51 percent probable that you did what they told you, you are out. This is a lower standard than the "beyond a reasonable doubt" standard set in local courts.
Some schools have a slightly more stringent "clear and convincing" standard, but it remains less strict than a court. You can't wait for the school to fail you, so you must prove your innocence with hard facts.
Admissibility of Evidence and Criminal Court Crossover
A school hearing is a loose evidence rule hearing. Evidence such as hearsay is permissible here. You're in a battle for your freedom and your degree. Any statement you give to the school is not secret from the police. The LAPD or the sheriff may copy the school's records and have you charged with a crime in their own words.
Admitting to a "policy breach" can be used as a confession to a crime; therefore, the school's defense must be coordinated with a criminal lawyer. Furthermore, if you win the school case, it doesn't mean that the District Attorney will not charge you later, and the school will proceed even if you have an outstanding criminal case.
Consequences and the Appellate Process
The consequences of a finding of responsibility can be life-changing and last throughout your career. However, not all appeals are successful, and it is important to be aware of the limited grounds for appeal to challenge procedural errors, bias, or the discovery of new evidence.
Potential Sanctions: From Probation to Permanent Expulsion
Sanctions for a Title IX violation can include a formal warning or even permanent expulsion. The expulsion is the "civil death penalty" that most students are concerned with because they lose all tuition, all credits for the semester, and the notation will remain on their academic transcript forever. This notation will make it difficult to transfer to another reputable college. Students can also be expelled from student housing, disqualified from scholarships, and barred from campus property. If a faculty member is determined responsible, they are usually dismissed and lose tenure. There are also the long-term professional ramifications to take into account; many state licensing boards for law, medicine, and nursing will require that you report any disciplinary action, and you may find that your professional license is denied years after the incident.
Grounds for Appeal
You are entitled to appeal, but you are given a limited time frame (typically 5 to 10 days). There is no appeal for the reason that you don't like the result. You will be required to demonstrate one of three:
- The School Broke a Rule —The school did not follow its rules or the federal Title IX rules in a way that impacted the outcome.
- New Evidence — Evidence that has become available since the determination that may alter the determination.
- The Title IX Coordinator, Investigator, or Decision Maker was Biased — The Coordinator, Investigator, or Decision Maker had a bias for or against complainants or respondents, or against you personally, that influenced the result.
Your appeal should be written and demonstrate clearly where the school has failed.
Judicial Review
If the school's appeal is unsuccessful, you may appeal to the court. This is known as a "Writ of Administrative Mandamus. You are suing the university and asking a real judge to look at the case. The judge will decide if the school officials improperly used their authority or if they denied you a fair trial.
If you win, you can ask the court to give you another hearing with the school. In fact, this is a typical method of resistance to public schools such as UCLA or CSUN; similarly, California law also requires private schools to adhere to "Fair Procedure" rules.
Why a Seasoned Attorney is Crucial to Your Defense
It is too costly to go through a Title IX process without representation. The university has its own legal team, a Title IX office that is responsible for the university's compliance, and the power differential between a student and the university is enormous. The use of a school-designated "advisor" is a great risk because the advisor is typically a university employee who is not independent of the school and may not have the legal standing or independence necessary to manage a high-stakes sexual misconduct case.
Your defense attorney is your strategist, your investigator, and your protector from overzealous administrators. They make sure that the university follows all the procedural safeguards required by SB 493 and federal law. When you hire private counsel, you vet someone who will fight for you, someone who will understand the complex interplay between campus policy and California criminal law and will protect your academic future and your freedom.
Find a Title IX Defense Attorney Near Me
Being accused of violating Title IX at a California college can be a serious situation that can impact your future, employment, and degree. As these cases are based on a low standard of proof, a weak accusation can result in a permanent mark on your record or expulsion. Words spoken to an investigator can be used against you in a criminal case. Therefore, you should retain private counsel to help with reviewing your case and evidence and challenging the school's narrative.
At The Los Angeles Criminal Defense Attorney, we understand a campus hearing is not a "school matter." We have been practicing criminal defense for Title IX proceedings for many years. Call us today at 310-564-2605 to get your complimentary consultation and obtain the defense you deserve.
