College Sexual Misconduct Advisor - California

There's no denying the severity of sexual assault charges. Unfortunately, students accused of sexual misconduct don't always get a fair shake at defending themselves. Schools frequently move quickly and aggressively to resolve these trials, often at the expense of the accused student. Federal law requires schools to investigate sexual misconduct, sexual harassment, sexual assault, or rape cases. To preserve federal funding, universities often side with the accuser and strip away the rights of the accused. Recent regulations by the Department of Education also complicate the investigation process. Here's what you need to know.

Changes to Misconduct Regulations

The United States Department of Education passed new Title IX regulations in May 2020. The sweeping changes have a big impact on how schools respond to sexual misconduct allegations. The new rules require schools to hold a single hearing process for all faculty, students, and staff. In an effort to ensure due process to students, the policies also require school investigations to include live hearings and cross-examinations of witnesses. If a witness or complainant does not participate in a live hearing, their information will not be used in the investigation.

The regulations also hold universities responsible for some actions made off campus. They specifically cover conduct made at all locations and events over which the school has control. Notably, this new definition covers fraternity and sorority houses that are off campus. The Department of Education no longer requires investigations for allegations on acts occurring outside of an area under “substantial control over the respondent.” Therefore, schools do not have to investigate actions made by students in off-campus houses or outside of the U.S., such as those studying abroad.

New Definitions of Misconduct

The regulations also change the scope of what constitutes misconduct on campuses across the country. Previously, misconduct encompassed any unwelcome conduct of a sexual nature. The new narrow definition of sexual misconduct limits it to three types of harassment:

• Quid pro quo, including school employees promise benefits for participating in sexual conduct.
• Unwelcome conduct so severe, pervasive, and objectively offensive that it denies someone equal access to education.
• Sexual assault or dating violence, domestic violence, or stalking.

Prior to the ruling, sexual harassment referred to conduct that is “severe, persistent, or pervasive.” The new rule defines harassment as conduct that is “severe, pervasive and objectively offensive.” Even if conduct meets those requirements, it still may not require investigation if it doesn't impede the victim's access to education. Whether the conduct warrants investigation depends on a number of factors like the nature of the conduct, the relationship between the parties, and the surrounding circumstances. The new rule makes it more difficult to hold schools responsible for failing to investigate an assault. Previously, the Department of Education could punish schools if they “reasonably should” have known about an assault. Under the new rule, schools must have “actual knowledge” of the accusation.

Misconduct Policies at California Schools

Since the Department of Education is a federal organization, their new policy applies to universities nationwide. However, the recent changes do not prohibit universities from also making and enforcing their own sexual misconduct policies. In California, some schools have already drafted new policies and procedures. Stanford University proposed a new process for adjudicating cases of prohibited sexual conduct to comply with the Department of Education's new regulations. Attorneys general in 18 states, including California, are suing the Department of Education to block the policies from taking effect. This response leaves the future of the Department of Education's ruling in doubt.

What does that mean for students accused of sexual misconduct in California? Title IX will no longer apply to some misconduct cases at universities. However, it's still critical for students to protect their rights. In the coming years, university disciplinary proceedings will continue to evolve. Many schools will create a revised policy to comply with federal guidelines. Others are already abiding by two sexual misconduct policies to appeal to the new regulations as well as university rules. The change in law will not prevent school's from enforcing their own policies, which may be harsher on the accused.

The Benefits of Choosing a Lawyer

Students facing sexual misconduct allegations have the ability to hire an advisor to help them navigate the school's investigation process. Although the new rules may promise due process to students, they may need help to ensure a fair investigation. Schools can still strip the rights of the accuser during their internal processes. A knowledgeable attorney can help defend the student's rights and give them the best possible chance for a successful outcome.

There are many benefits to bringing on an advisor during a sexual misconduct case. For one, they will have up to date knowledge of sexual misconduct rules. The Department of Education's recent legislation shows that sexual misconduct rules can change at a moment's notice. Although their rules reign supreme in every state, schools may still enact separate policies. An attorney will help students understand their rights and the fine details of new and existing regulations. If the school is infringing upon a student's rights, a lawyer will go to bat for them and ensure they have a chance of a fair hearing.

Lawyers can also help students throughout investigations. They will gather evidence, witnesses, and key details to defend the accused. Since students often have minimal experience in legal proceedings, an attorney's experience can prove to be invaluable to their case. Finding the right advisor can make or break their defense.

Experienced California College Sexual Misconduct Advisor

The first step for students accused of sexual misconduct is to consult with a professional attorney. Lento Law Firm is here to help. Lento Law Firm has come to the aid of countless defendants at colleges and universities across the country. For many years, attorney Joseph D. Lento fought for students in cases while gaining a reputation as one of the country's preeminent experts in student discipline defense. If you have are facing a student discipline case, give the Lento Law Firm a call at 888-535-3686. They will answer your questions and help you defend your rights.

California colleges and universities where Joseph D. Lento can help as your or your student's college sexual misconduct advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:

• Academy of Art University
• Allan Hancock College
• American Academy of Dramatic Arts Los Angeles
• American Conservatory Theater
• American Jewish University
• American River College
• American University of Health Sciences
• Antelope Valley College
• Argosy University Inland Empire
• Argosy University Los Angeles
• Argosy University Orange County
• Argosy University San Diego
• Argosy University San Francisco Bay Area
• Art Center College of Design
• Azusa Pacific Online University
• Azusa Pacific University
• Bakersfield College
• Barstow Community College
• Berkeley City College
• Bethesda University of California
• Biola University
• Brooks Institute
• Bryan University
• Butte College
• Cabrillo College
• California Baptist University
• California Christian College
• California College of the Arts
• California College San Diego
• California Culinary Academy
• California Institute of Technology
• California Institute of the Arts
• California Lutheran University
• California Maritime Academy
• California Polytechnic State University San Luis Obispo
• California State Polytechnic University Pomona
• California State University Bakersfield
• California State University Channel Islands
• California State University Chico
• California State University Dominguez Hills
• California State University East Bay
• California State University Fresno
• California State University Fullerton
• California State University Long Beach
• California State University Los Angeles
• California State University Monterey Bay
• California State University Northridge
• California State University Sacramento
• California State University San Bernardino
• California State University San Marcos
• California State University Stanislaus
• Canada College
• Cerritos College
• Cerro Coso Community College
• Chabot College
• Chaffey College Rancho
• Chapman University
• Charles R Drew University of Medicine and Science
• Citrus College
• City College of San Francisco
• Claremont McKenna College
• Coastline Community College
• Cogswell College
• Coleman University
• College of Alameda
• College of Marin
• College of San Mateo
• College of the Canyons
• College of the Desert
• College of the Redwoods
• College of the Sequoias
• College of the Siskiyous
• Columbia College
• Columbia College Hollywood
• Community Christian College
• Concordia University Irvine
• Contra Costa College
• Copper Mountain Community College
• Cosumnes River College
• Crafton Hills College
• Cuesta College San Luis
• Cuyamaca College
• Cypress College
• De Anza College
• Dell'Arte International School of Physical Theatre
• Design Institute of San Diego
• DeVry University California
• Diablo Valley College
• Dominican University of California
• East Los Angeles College
• East San Gabriel Valley Regional Occupational Program
• El Camino College Compton Center
• El Camino Community College District
• Epic Bible College
• Everest College Anaheim
• Everest College City of Industry
• Everest College Ontario Metro
• Everest College Reseda
• Everest College West Los Angeles
• Evergreen Valley College
• Expression College for Digital Arts
• Fashion Careers College
• Feather River Community College District
• FIDM/Fashion Institute of Design & Merchandising Los Angeles
• FIDM/Fashion Institute of Design & Merchandising Orange County
• FIDM/Fashion Institute of Design & Merchandising San Diego
• FIDM/Fashion Institute of Design & Merchandising San Francisco
• Folsom Lake College
• Foothill College
• Fresno City College
• Fresno Pacific University
• Fullerton College
• Gavilan College
• Glendale Community College
• Golden West College
• Golf Academy of America Carlsbad
• Grossmont College
• Hands on Medical Massage School
• Hartnell College
• Harvey Mudd College
• Heald College Concord
• Heald College Fresno
• Heald College Hayward
• Heald College Modesto
• Heald College Roseville
• Heald College San Francisco
• Heald College San Jose
• Heald College Stockton
• Holy Names University
• Hope International University
• Horizon College San Diego
• Humboldt State University
• Humphreys College Stockton and Modesto Campuses
• Imperial Valley College
• International Academy of Design and Technology Sacramento
• International Professional School of Bodywork
• Irvine Valley College
• ITT Technical Institute Clovis
• ITT Technical Institute Concord
• ITT Technical Institute Corona
• ITT Technical Institute Culver City
• ITT Technical Institute Lathrop
• ITT Technical Institute Oakland
• ITT Technical Institute Orange
• ITT Technical Institute Oxnard
• ITT Technical Institute Rancho Cordova
• ITT Technical Institute San Bernardino
• ITT Technical Institute San Diego
• ITT Technical Institute San Dimas
• ITT Technical Institute Sylmar
• ITT Technical Institute Torrance
• ITT Technical Institute West Covina
• John Paul the Great Catholic University
• King's University
• La Sierra University
• Laguna College of Art and Design
• Lake Tahoe Community College
• Laney College
• Las Positas College
• Lassen Community College
• Le Cordon Bleu College of Culinary Arts Pasadena
• Life Pacific College
• Lincoln University
• Long Beach City College
• Los Angeles City College
• Los Angeles College of Music
• Los Angeles Harbor College
• Los Angeles Mission College
• Los Angeles Pierce College
• Los Angeles Southwest College
• Los Angeles Trade Technical College
• Los Angeles Valley College
• Los Medanos College
• Loyola Marymount University
• Marymount College
• Mendocino College
• Menlo College
• Merced College
• Merritt College
• Mills College
• MiraCosta College
• Mission College
• Modesto Junior College
• Monterey Peninsula College
• Moorpark College
• Moreno Valley College
• Mount St. Mary's College
• Mt Sierra College
• Mt. San Antonio College
• Mt. San Jacinto Community College District
• Musicians Institute
• Napa Valley College
• National University
• Newschool of Architecture and Design
• Norco College
• Notre Dame de Namur University
• Occidental College
• Ohlone Community College
• Orange Coast College
• Otis College of Art and Design
• Oxnard College
• Pacific College of Oriental Medicine LLC San Diego
• Pacific States University
• Pacific Union College
• Palo Verde College
• Palomar College
• Pasadena City College
• Patten University
• Pepperdine University
• Pitzer College
• Platt College Los Angeles
• Platt College Ontario
• Platt College San Diego
• Point Loma Nazarene University
• Pomona College
• Porterville College
• Professional Golfers Career College
• Providence Christian College
• Reedley College
• Rio Hondo College
• Riverside City College
• Sacramento City College
• Saddleback College
• Sage College
• Saint Marys College of California
• San Diego Christian College
• San Diego City College
• San Diego Mesa College
• San Diego Miramar College
• San Diego State University
• San Diego State University Imperial Valley Campus
• San Francisco Art Institute
• San Francisco Conservatory of Music
• San Francisco State University
• San Joaquin Delta College
• San Joaquin Valley College Bakersfield
• San Joaquin Valley College Fresno
• San Joaquin Valley College Fresno Aviation
• San Joaquin Valley College Hesperia
• San Joaquin Valley College Modesto
• San Joaquin Valley College Online
• San Joaquin Valley College Rancho Cordova
• San Joaquin Valley College Rancho Cucamonga
• San Joaquin Valley College Temecula
• San Joaquin Valley College Visalia
• San Jose City College
• San Jose State University
• Santa Ana College
• Santa Barbara Business College Bakersfield
• Santa Barbara Business College Santa Maria
• Santa Barbara Business College Ventura
• Santa Barbara City College
• Santa Clara University
• Santa Monica College
• Santa Rosa Junior College
• Santiago Canyon College
• Scripps College
• Shasta Bible College and Graduate School
• Shasta College
• Sierra College
• Simpson University
• Skyline College
• Soka University of America
• Solano Community College
• Sonoma State University
• Southern California Institute of Architecture
• Southern California Institute of Technology
• Southern California Seminary
• Southwestern College
• Stanford University
• SUM Bible College and Theological Seminary
• Taft College
• Taft University System
• The Art Institute of California Hollywood
• The Art Institute of California Inland Empire
• The Art Institute of California Los Angeles
• The Art Institute of California Orange County
• The Art Institute of California Sacramento
• The Art Institute of California San Diego
• The Art Institute of California San Francisco
• The Art Institute of California Sunnyvale
• The Master's College and Seminary
• The National Hispanic University
• Thomas Aquinas College
• Touro College Los Angeles
• Trident University International
• Unitek College
• University of California Berkeley
• University of California Davis
• University of California Irvine
• University of California Los Angeles
• University of California Merced
• University of California Riverside
• University of California San Diego
• University of California Santa Barbara
• University of California Santa Cruz
• University of La Verne
• University of Phoenix Bay Area Campus
• University of Phoenix Central Valley Campus
• University of Phoenix Sacramento Valley Campus
• University of Phoenix San Diego Campus
• University of Phoenix Southern California Campus
• University of Redlands
• University of San Diego
• University of San Francisco
• University of Southern California
• University of the Pacific
• University of the West
• Vanguard University of Southern California
• Ventura College
• Victor Valley College
• West Coast Ultrasound Institute
• West Coast University Los Angeles
• West Coast University Ontario
• West Coast University Orange County
• West Hills College Coalinga
• West Hills College Lemoore
• West Los Angeles College
• West Valley College
• Westmont College
• Westwood College Anaheim
• Westwood College Inland Empire
• Westwood College Los Angeles
• Westwood College South Bay
• Whittier College
• William Jessup University
• Woodbury University
• Woodland Community College
• World Mission University
• Yeshiva Ohr Elchonon Chabad West Coast Talmudical Seminary
• Yuba College

It is critical to make certain the college sexual misconduct investigation at your California school is handled properly and that the accused student's interests are protected from as early as possible during the sexual misconduct investigative process.  One major reason is because even at colleges and universities where a finding of responsibility for sexual misconduct charges is made at a hearing, the investigation will set the stage for what the hearing panel is provided prior to a hearing (and what the hearing panel will in large part rely on at a hearing), and at schools where the finding of responsibility is made solely through the investigative process, what takes place during the investigation itself will determine whether the accused is found responsible or not responsible for college sexual misconduct charges.

Unfortunately, some students, families, and college employees make the mistake of not taking the necessary precautions as soon as possible when accused of sexual misconduct at college.  Some people will mistakenly believe that if they "just explain what happened," their college or university will be fair and impartial and will arrive at the truth.  In a perfect world this may be the case, but in a perfect world, sexual misconduct cases would not exist.

Fighting passionately for the future of his clients at universities and colleges throughout the nation for many years, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that an accused's academic and professional future is on the line. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in New Jersey and New York, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a college sexual misconduct advisor to students and others in academia facing sexual misconduct investigations and Title IX disciplinary cases in California and throughout the nation. Make certain your or your student's interests are protected - Contact National Sexual Misconduct Attorney Joseph D. Lento today at 888-535-3686 or by completing our online form.