Title IX Defense – California’s San Francisco, Oakland, and Berkeley Metro Area

California's Bay Area is home to over seven million people spread throughout large cities like Berkeley, Oakland, San Francisco, and San Jose, and small towns such as Alameda, Brentwood, Cupertino, Palo Alto, and Santa Clara. Within the boundaries of one of America's largest metropolitan areas lies dozens of noteworthy colleges and universities, making it one of the higher education capitals of the West Coast.

Despite the wealth of knowledge and opportunities students receive at Bay Area schools, there will be challenges along the road toward graduation. How the federal government applies Title IX regulations can change radically with election cycles and can easily create a minefield of potential trouble. Students may be used to forgiving school authorities in the past in primary and secondary school, but once they walk through the college gates, discipline takes on a far more intolerant dimension.

It's essential for Bay Area students to recognize that they have a professional ally to assist them through their school's grievance process before allegations arise. The Lento Law Firm Student Defense Team understands that colleges and universities can levy harsh punishments that harm a student's chance of graduating and beginning a successful career. Ensure your path to an effective defense with us by calling 888-535-3686 now or filling out our confidential consultation form.

What Is Title IX?

Title IX is a federal civil rights law outlawing sex and gender-based discrimination in educational programs receiving public funds. While the law targets discrimination, Title IX also addresses the following at schools:

• Bullying and Cyberbullying
• Dating or Domestic Violence
• Discrimination and Harassment
• Hazing and Stalking
• Intimidation and Retaliation
• Sexual Exploitation

Since Title IX stems from the U.S. Department of Education (DOE), changes in prevailing political winds can lead to reversals and significant changes in top-down policy. On August 1, 2024, the law received another series of significant updates.

The Biden Administration directed the DOE to alter major provisions of Title IX to provide more inclusive protections for LGBT+ students. On account of the changes, many of the alterations minted under the Trump Administration have been or will be reversed. Some new provisions include:

• Expanded sexual harassment clause to contain "severe or pervasive" conduct.
• Included language to address violations based on gender identity.
• Provided schools with the authority to handle off-campus sexual misconduct.
• Removing the requirement for in-person hearings and cross-examination.

Updates went into place at colleges and universities nationwide on August 1. However, more than two dozen states and hundreds of school districts are enjoined in attempts to strike down the federal overhaul. Following a decision by a Kansas federal district court, many California colleges and universities subsequently cannot enforce 2024 Title IX updates. The injunction prevents institutions identified by the plaintiff organizations from complying with the new DOE regulations.

The Bay Area colleges and universities affected by the injunction are:

• Dominican University of California
• San Jose State University
• Santa Clara University
• Stanford University
• University of California, Berkeley

Institutions in the Bay Area that are not affected by the injunction are:

• Academy of Art University
• California College of the Arts
• California Institute of Integral Studies
• California Jazz Conservatory
• California State University, East Bay
• California State University, Maritime Academy
• Golden Gate University
• Gurnick Academy
• International Technological University
• Lincoln University
• Menlo College
• Minerva University
• Oikos University
• Olivet University
• Palmer College of Chiropractic
• Palo Alto University
• Reach University
• Saint Mary's College of California
• Samuel Merritt University
• San Francisco Bay University
• San Francisco Conservatory of Music
• San Francisco State University
• Skyline College
• Unitek College
• University of San Francisco
• University of Silicon Valley
• Zaytuna College

Although there are two sets of guidelines governing student action under Title IX, that doesn't mean that schools following the 2020 rules do not have provisions to protect those threatened by gender-based violence. Instead, the policies and procedures to adjudicate them are different.

Reporting Title IX Allegations

Regardless of the injunction, one of the mainstays of Title IX is the reporting requirements for potential violations. For example, Santa Clara University and Lincoln University, which operate on 2024 and 2020 guidelines, respectively, require all school employees, including part-time student employees, to report suspected allegations to the school's Title IX Coordinator. The same applies to contractors or volunteers for the schools and, in many cases, but not all, to students who exercise guidance or leadership authority over fellow students, like resident advisors.

Consequently, if mandatory reporters witness alleged Title IX violations and fail to report them, they risk punishment themselves. When a school's Title IX Coordinator is aware of allegations, it fulfills the "actual knowledge" requirement, beginning the course of action to investigate.

Title IX Investigations

When the Title IX Coordinator looks to pursue Title IX charges, the accused student (respondent) and their accuser (complainant) will receive a notice of allegations. The notice will include:

• Conduct alleged by the complainant
• Date and location of the incident
• Identities of parties involved
• Options for informal resolution
• Notice that each party may have an advisor of their choice

When Bay Area students are subjected to the investigation stage, they may think they have a lot of time to figure out how the school may respond. However, there is a limited amount of time between receiving the notice of allegations and the hearing, which could be as little as 15 days. No matter what school a student attends, the Title IX Coordinator and their team collect information through evidence and witness reports until they send the student the notice. Therefore, California colleges and universities have a big leg up on the accused, and students must retain professional assistance to safeguard their rights and ability to defend themselves.

Investigators will meet and interview both parties to determine the events that led to the allegations. Once the information is collected, the investigator will provide each party and their advisor with a copy for review. The complainant and respondent will normally have ten business days to submit a written response to the investigator, which will be included in their report to the Title IX Coordinator.

Fortunately, students subjected to the disciplinary process in Title IX may have an attorney counsel them but cannot represent them during proceedings like they would in a courtroom. An attorney may attend meetings (if permitted by school rules) and direct students on their defense.

Informal Resolution Process

With federal Title IX policy variations, the hearing process will differ between schools. For example, San Jose State University uses the updated procedures implemented in 2024, whereas schools like San Francisco State University remain aligned with the 2020 rules. Irrespective of the updates, those accused of Title IX misconduct in California colleges and universities have the option to initiate informal resolutions.

San Jose State University's informal resolution process proceeds as follows:

1. Both parties sign a consent form acknowledging they understand their rights and agree to participate.
2. A facilitator meets with the complainant and their advisor to understand their desired outcomes.
3. The facilitator meets with the respondent and their advisor to see if they agree with the complainant's desired outcomes or whether they want to alter any of the provisions.

If both parties reach an agreement, the facilitator drafts an agreement that details the outcomes and sends a copy to each party for their review and signature. Once effective, the matter is closed for further adjudication, and critically, all avenues of appeals with the school are waived. The matter proceeds to the formal hearing stages if an agreement isn't reached.

Title IX Formal Hearings

With formal proceedings, schools on the 2020 and 2024 guidelines will approach matters differently. Under the 2020 guidelines, Title IX hearings required live proceedings. Although the 2024 updates remove that requirement, schools are allowed to maintain the provision.

The University of California, Berkeley has instituted two sets of procedural guidelines, one for DOE-covered conduct and one for non-DOE-covered conduct. Title IX regulations require that the school follow a specific grievance process for DOE-covered conduct, like sex or gender identity-based violations. The differences lie primarily in the pre-hearing stages, where the school's Office for the Prevention of Harassment and Discrimination may pursue allegations no longer considered DOE-covered.

Schools will vary in their hearing procedures, and regardless of whether they are enjoined in an injunction or not, they will normally proceed in the following manner:

1. The hearing officer will conduct a pre-hearing meeting to discuss procedures and relevant issues.
2. The complaint and respondent are introduced to the disciplinary panel.
3. The accusing party may make an opening statement, followed by the respondent.
4. Members of the hearing panel will question the complainant, respondent, witnesses, and any other parties involved.
5. The complainant and respondent may make rebuttals or closing remarks.
6. The panel will conclude the hearing to deliberate on its findings and make a determination.

Within a few days—typically no more than ten business days—the panel will serve its determination to the parties involved through a written notice. The notice will include the reasoning for the panel's decision, any sanctions handed down, and information on the appeals process.

Consequences of Title IX Violations

If the school's hearing panel finds a student responsible for Title IX misconduct, punishments can range from a mix of probationary measures to suspension and expulsion. Even if students go through the informal resolution process, that doesn't mean the consequences won't upset one's academic and professional goals. Nevertheless, any separation from studies requires a formal hearing.

Title IX misconduct is often a reason students have financial aid withdrawn, from government loans to private scholarships. If the responsible parties are expelled, usually, they are not permitted to reapply. Students will also have the outcome notated on their transcript, making admittance elsewhere challenging.

Appealing Title IX Sanctions

Although the DOE rule changes are far-reaching, there are still opportunities to appeal panel findings or the sanctions it levies outside the informal resolution process. Parties have little time to petition for an appeal, which can range from one working week to thirty calendar days.

Students cannot appeal decisions for any and all reasons. They are normally allowed under the following circumstances:

• The hearing panel presents bias or conflict of interest against the complaint or respondent.
• Procedural irregularities affected the hearing panel's decision.
• New evidence that emerged was not available during the investigation, which would substantially alter the panel's determination.
• Evidence presented to the panel does not support punishments handed down.

The hearing panel will not decide the appeal. Determinations are normally left to the school's dean, chief academic officer, or other authorities. Decisions on appeals are final and cannot be further addressed through the institution.

How Can the Lento Law Firm Help Bay Area Students?

The Lento Law Firm Student Defense Team is your trusted ally in the Bay Area. From Richmond and Redwood City to Fremont and San Mateo, we stand prepared to ensure you have every chance for fair proceedings and can obtain the best outcome possible.

While students and their parents may seek the assistance of local lawyers, it can be a costly mistake. Trial attorneys usually move to defend students with expensive lawsuits against the school that can take months or even years to accomplish. Although a formal suit is a possible course of action, litigation is rarely necessary for Title IX violations. The Lento Law Firm can negotiate with school disciplinary officials, including its Office of General Counsel, for a more beneficial outcome for the student. The goal for Bay Area students is lasting relief from discipline, not exhausting court cases.

The Lento Law Firm Student Defense Team will equip you with the knowledge and confidence to defend yourself when Title IX allegations arise. Call us today at 888-535-3686 or visit the confidential online consultation form.