In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
The Office of Social Equity at the California University of Pennsylvania oversees all incidents of sexual misconduct within its student body through the University's Sexual Misconduct Policy. Incidents of sexual misconduct will be treated with utmost seriousness by the University. Sexual misconduct allegations can put a student's professional and academic goals in serious jeopardy.
California University of Pennsylvania Sexual Misconduct Procedures
When a complaint is filed against a student for sexual misconduct, the University will launch an investigation into the matter. Students who file complaints will be known as "complainant" throughout the University procedures, while the student facing allegations will be known as "respondent." Investigations will be conducted by an Assistant Title IX Coordinator and will consist of separate interviews with all relevant parties and witnesses. Throughout the investigation period, if the University believes that the respondent may pose a threat to the investigation or to the University community, the respondent may face an interim suspension until the hearing date. The respondent will be asked to attend a preliminary meeting. At the preliminary meeting, the respondent will be given an opportunity to review the complaint and the overall process and will be able to choose whether the case should be adjudicated by a lone administrator or the Conduct Board.
Formal Resolution
When a case goes to a hearing, the hearing will be led by either the chair of the conduct board, or an administrator selected by the Title IX Coordinator. Hearings do not have a set and specific agenda, and will instead proceed according to the discretion of the hearing authority. Although there is no specific order, both parties will, in theory, be guaranteed certain rights at hearings. Both parties will be ensured a chance to respond to information presented against them. Both parties are also able to present their own supporting witnesses and information at the discretion of the hearing authority. After all, information has been heard, the hearing authority will close the hearing, and make a decision. Decisions are made using the standard of "a preponderance of the evidence."
At hearings, students are entitled to the presence and assistance of an adviser. Sexual misconduct allegations are treated very seriously by the University. Even the mere reporting on these allegations can pose a serious threat to a student's future academic and professional goals. For this reason, students should select an attorney to serve as their adviser in these matters. An attorney will not only be able to ensure that a student's rights are protected throughout the process, but also assist students throughout their hearings. An attorney will have specific skills and knowledge of argument and evidence, which can greatly influence the outcome of a hearing. An attorney will also be able to serve as a student's guide if any additional adverse consequences result from the initial reporting at California University of Pennsylvania.
Appeals for California University of Pennsylvania
In the event of an unfavorable outcome, students have a chance to make an appeal. Appeals must be submitted within five (5) working days of the outcome. The grounds for appeal are procedural error, new evidence, a lack of substantial evidence for the outcome, or a debate of the severity of sanctions.
If you or your student is facing Title IX charges or sexual misconduct allegations at the California University of Pennsylvania, contact the LLF Law Firm today.
