When the federal Title IX rules changed in 2020, they offered more protection for students accused of committing sexual harassment. However, many colleges and universities expressed concern that the changes would not adequately protect alleged victims of sexual misconduct and sexual violence. Most schools adapted by implementing two separate sexual misconduct policies, but the California State Assembly went further and passed Senate Bill 493.

What Is California Senate Bill 493?

SB 493 fights back against the Title IX rule changes that the Donald Trump administration put in place. It was sponsored by Equal Rights Advocates and the Women's Foundation of California and promoted as a way to give victims of sexual harassment back some of the protections they lost with the federal changes to Title IX. As a result, SB 493 contains provisions that are directly at odds with Title IX.

SB 493 was signed into law in September 2020, and the University of California system (UC) must adapt its rules to comply with the legislation by January 1, 2022. UC is now in the process of implementing the new law, and it will undoubtedly raise some confusion as universities try to contend with both state and federal legislation.

The Impacts of SB 493 on Title IX

Elements of SB 493 go against Title IX rules, namely the following provisions:

• New evidence standard: SB 493 changes the evidence standard from the school having actual knowledge of misconduct to investigate to the school determining it is more likely than not that an alleged violation occurred.
• Burden of proofBurden of proof: SB 493 removes the burden of proof from the complainant (the accuser), putting it instead on universities and omitting the presumption of innocence for respondents (accused students).
• Live hearings: SB 493 does not require live hearings for grievance proceedings in sexual misconduct cases, whereas Title IX does. It also prohibits student advisors from cross-examining witnesses, which Title IX allows.
• Appeals: SB 493 only allows for appeals of decisions in sexual misconduct cases if the school has an appeals process, whereas Title IX guarantees students the right to appeal.

What SB 493 Means for Students Accused of Sexual Harassment

The changes that SB 493 brings have serious implications for students accused of sexual harassment and sexual misconduct at California universities. They make defending against an accusation of sexual misconduct more difficult.

As UC will be implementing rule changes to comply with SB 493 very soon, university students need to know what these changes mean. You can read Part 2 of this blog post to learn more about how UC plans to apply the new changes.

If you're a student accused of sexual harassment in California who's struggling to keep up with all the adaptations to Title IX rules, your best defense is to contact a student defense advisor who is well-versed in sexual misconduct defense. Contact Lento Law Firm by calling 888-535-3686 to discuss your options.