The recent Title IX rule changes had a sweeping impact on how schools across the country respond to sexual misconduct allegations. The many revisions include mandates for a live hearing, new definitions of sexual harassment, and requirements for an appeal for both parties in Title IX proceedings.

The Department of Education implemented the rule in August 2020 to ensure due process for all students. Although the regulations affect schools nationwide, some states are fighting back against the new provisions. 

The California Assembly recently passed SB 493, a bill that includes many elements directly at odds with the new Title IX rules. The bill could have a significant impact on how schools respond to sexual misconduct accusations on California campuses. Here's what you need to know.

How SB 493 Circumvents Title IX Regulations

California's SB 493 threatens some of the protections the new Title IX regulations provide to students accused of sexual misconduct. According to Title IX's final rule, schools must have actual knowledge of misconduct to investigate an accusation. SB 493 contradicts this policy by stating that “the preponderance of the evidence standard is met if the institution determines that it is more likely than not that the alleged misconduct occurred, based on the facts available at the time of the decision.” The bill makes it easier for California schools to determine students are guilty of sexual misconduct, even if they lack substantial evidence to prove misconduct occurred.

Further complicating matters is SB 493's language regarding the burden of proof. It states that “the complainant does not have the burden to prove the underlying allegation or allegations of misconduct.” Although this provision puts the burden of proof on universities, it also omits the presumption of innocence for accused students.

SB 493 also threatens student rights to live hearings in sexual misconduct cases. The Department of Education's Title IX rule requires live hearings for grievance proceedings in sexual misconduct cases. In comparison, SB 493 declares “that the institution shall decide whether or not a hearing is necessary to determine whether any sexual violence more likely than not occurred.” It also threatens students' rights to due process by prohibiting student advisors from conducting cross-examinations.

Title IX regulations also grant students the right to appeal a university's determinations in sexual misconduct cases. However, SB 493 only requires an appeal if the school has an existing appeals process. 

What SB 493 Means for California Students

Students accused of sexual misconduct in California face an uphill battle under SB 493. It strips many of the protections provided by Title IX and threatens student rights to a fair determination. Since SB 493 and Title IX contain conflicting language, it remains to be seen how California universities handle sexual misconduct investigations moving forward.

If you or someone you know is facing sexual misconduct allegations, it's crucial to contact an attorney. A Title IX attorney can help you navigate the changing landscape of sexual misconduct cases in California. The Lento Law Firm has many years of experience fighting for students and achieving favorable outcomes. Contact the Lento Law Firm to schedule a consultation at 888-535-3686.