Nearly three million people call Greater Sacramento home, living in cities like Elk Grove, Roseville, Arden, and Yuba City and small towns such as Citrus Heights, Truckee, Rancho Cordova, and South Lake Tahoe. Although the region stands out for its beautiful natural landscapes, California's capital region also boasts many notable colleges and universities. Prospective students come from across the nation and the world for the wealth of knowledge and opportunities, but some challenges may arise on the journey toward graduation.
Enforcement of federal Title IX regulations can change with prevailing political winds and lead students into academic career-ending discipline. While Greater Sacramento students may have experienced high school authorities that were forgiving and sympathetic when allegations arose, that is not the case for higher education.
Before Title IX misconduct allegations arise, Greater Sacramento students must know they have access to a team of professionals ready to assist them and build a strategic defense. The Lento Law Firm Student Defense Team knows how harsh punishments can harm a student's academic goals and will work tirelessly to ensure a path toward disciplinary relief. Call us to begin your defense at 888-535-3686 now or fill out our confidential consultation form.
What Is Title IX?
Title IX is a federal civil rights law passed in 1972 prohibiting sex-based discrimination in educational programs receiving public funds. In the years since, it has also expanded to include gender-based discrimination and also addresses the following acts:
- Bullying and Cyberbullying
- Intimate Partner Violence
- Discrimination and Harassment
- Hazing and Stalking
- Intimidation and Retaliation
- Sexual Exploitation
The U.S. Department of Education (DOE)is directed by the weight of the Executive Branch, meaning election cycles often bring about significant changes in policy, including complete reversals. On August 1, 2024, Title IX received another series of updates to provide more inclusive protections for LGBT+ students. Some new provisions include:
- Add "severe or pervasive" conduct to grounds for sexual harassment.
- Broaden the definition of sex discrimination to include sexual orientation and gender identity.
- Clarify schools' obligations to prevent and respond to sex-based harassment and discrimination.
- Expand the scope of incidents schools are required to address, including certain off-campus events.
- Reduced the standard of proof needed to determine responsibility for allegations.
- Remove the requirement for live hearings and allow schools more flexibility in handling complaints.
Numerous states and hundreds of school districts nationwide moved to postpone or strike down the DOE updates, culminating in a decision by a Kansas federal district court to stop institutions from enforcing 2024 Title IX policies. Dozens of schools identified by the plaintiff organizations in California are barred from complying with the new DOE regulations.
Jessup University is the only four-year institution of higher education in the Greater Sacramento area affected by the injunction; however, being a religious non-profit institution, it is partially exempt. Nevertheless, schools that remain unaffected in their Title IX processes based on 2020 guidelines are:
- Alliant International University
- California Northstate University
- California State University, Sacramento
- Chamberlain University
- Epic Bible College
- Lincoln Law School of Sacramento
- SUM Bible College & Theological Seminary
- National University
- University of California, Davis
- University of Northern California
Whether a school follows 2020 or 2024 Title IX rules, one right afforded to students that continues untouched is having an advisor assist them through the grievance process. Advisors can be legal professionals like attorneys, but they cannot represent the student like they would a client in a courtroom. They may only act in an advisory capacity during hearings (if permitted) and may question witnesses and other parties at the behest of students, but they are also beneficial resources in building a defense.
Title IX Investigation Process
Another rule of Title IX that remained constant is the reporting requirement for colleges and universities. Schools require all employees, including part-time student employees in most cases, to report suspected violations to the Title IX Coordinator. Mandatory reporting also applies to contractors or volunteers for the schools and, in many cases, but not all, to students who exercise forms of college-sponsored authority over other students, such as resident advisors and other forms of employment.
Investigations begin once a complaint is filed with the school's Title IX Coordinator, fulfilling the concept of "actual knowledge." The Title IX Coordinator will meet with the accuser (complainant) to hear their side of the alleged incident and eventually send both the complainant and the accused student (respondent) formal notice of the allegations that will include:
- Information about the allegations and corresponding code of conduct violation.
- Identities of parties involved, including witnesses to the incident.
- Procedures used to adjudicate, including options to resolve the matter informally.
- Details of student rights during the process, such as the right to an advisor.
Schools will assign an investigator (or a team) to gather as much information as possible about the alleged incident. Investigators will interview the complainant, respondent, and witnesses and seek evidence in many forms. They may obtain text messages, call logs, photos from personal phones, the contents of one's computer or online history, items from a student's dorm room, and anything they consider necessary.
If allegations are tied to incidents that happened off-campus, colleges and universities will send investigators into areas students may not have thought they would have the authority. Therefore, even if a student attends one of Greater Sacramento's schools and lives in their own house off-campus, the institution can come knocking on their door. Once the investigation is complete, which can take anywhere from a few days to a few weeks, the complainant and respondent are sent a copy to review. They can also submit a written response to the investigator to include in their final report given to the Title IX Coordinator.
Informal Resolution Process
Although Title IX updates have changed how Greater Sacramento schools address allegations and hearing processes, those accused have the option to initiate informal resolutions. At the University of Northern California, informal resolutions (called preliminary determinations) are served by the Title IX Coordinator to the respondent to convince them to take responsibility.
Within a 20-day period, the respondent may contest the charges, thus sending the matter to a formal hearing or accept responsibility without further action. If potential sanctions include a separation from studies—suspension or expulsion—the matter will proceed to a formal hearing.
Even though students may want to put Title IX allegations behind them, accepting responsibility without a formal hearing isn't advisable. When completing the informal resolution process, students waive their right to appeal at any college or university. Therefore, students are more likely to succumb to false allegations and unfair punishments.
Title IX Formal Hearings
Schools can approach Title IX hearings in a few ways, especially with added authority from the federal updates. Title IX regulations require that the school follow a specific process for DOE-covered conduct, like:
- Sex or gender identity-based violations
- Harassment
- Retaliation
Another policy can be utilized for sexual misconduct allegations that do not present elements of discrimination and thus outside DOE updates. The makeup of disciplinary panels can fluctuate depending on the school and the complexity of the issues. Alliant International University convenes between three and five panelists to adjudicate, whereas other institutions may use more or less—all selected by the Title IX Coordinator.
Schools will decide whether the hearing occurs in person or through technological formats, enabling parties to see and hear each other simultaneously. During proceedings, the complainant and respondent are provided with the same opportunity to present witnesses to embolden their case as well as support and mitigate evidence. Cross-examination is conducted orally and in real-time, but only each party's advisor is permitted, and before a party or witness answers a cross-examination question, the chairperson of the hearing panel will determine the inquiry's relevance. Parties may also note objections to the questions posed, though the hearing panel chair may limit such objections to written form.
At the conclusion of the hearing, the panel reflects on the information presented and determines if a violation has occurred. The standard of proof in Title IX cases is a "preponderance of the evidence," meaning that the school must prove that it is "more likely than not" that the respondent is responsible for the misconduct. For allegations involving discrimination or harassment behavior, there are two findings:
- Substantiated: It is more likely than not that the allegation is true.
- Unsubstantiated: There is insufficient evidence to prove or disprove that the allegation is true.
The Title IX Coordinator will log the heating panel's determination and send both parties a written notice that includes an explanation of the findings, sanctions imposed, and the right to appeal.
Consequences of Title IX Violations
If the school's hearing panel finds a student responsible for Title IX misconduct, sanctions are determined on a case-by-case basis. The University of California, Davis may render the following as possible sanctions:
- Disciplinary probation with educational or community service-driven interventions
- Loss of student privileges, like housing, leadership positions, or school employment.
- Suspension with or without conditions to reapply.
- Expulsion from the school and permanent trespassing from campus and all school-sponsored events.
In situations where a student is given a mix of sanctions and probationary measures and not removed from school, that doesn't mean the risk to their academic career has ended. Federal financial aid and private scholarships can be taken away after Title IX misconduct in many cases, and sometimes students are obligated to pay it back.
Title IX sanctions are also noted on a student's transcript—their permanent collegiate record. Sanctions will make it more difficult than usual to apply to schools as admissions personnel will take discipline into consideration when determining a student's character and potential risk on campus.
Appealing School Discipline
When Greater Sacramento colleges and universities levy sanctions, they typically don't take effect until students exhaust the appeals process. Critically, students (both complainants and respondents) have a small window to seek redress. Some schools may afford over a week to those pursuing appeals but are commonly relegated to just a few days. Furthermore, appeals are not wide-open petitions to change the outcome of a hearing or the sanctions imposed and are only eligible under the following circumstances:
- Bias or conflict of interest
- Procedural irregularities
- New evidence emerged
- Inappropriate or disproportionate punishments
The panel that determined responsibility and the sanctions will not decide the appeal. Decisions are typically left to a separate appeals panel, the school's dean, chief academic officer, or other authorities.
After a review of the hearing transcript and the student's explanation and supporting evidence as to why the hearing determination should be altered, the appellate body will affirm the determination, remand the matter back to the hearing panel, or change the schedule of sanction. Decisions on appeals are final and cannot be further addressed through the institution.
How Can the Lento Law Firm Help Greater Sacramento Students?
When students are threatened by severe discipline and the end of their academic careers, they need experienced professionals well-versed in the mechanics of Title IX. Mounting a robust defense depends on getting a head start on the grievance process to ensure the best outcome. The Lento Law Firm is your trusted ally for student defense in Greater Sacramento; from Rocklin and Folsom to Woodland and Lake Tahoe, we stand prepared to build your defense strategy.
While students or their parents may look to hire local lawyers advertising their knowledge of the schools in the area, think again. The first move from trial attorneys is normally to threaten expensive lawsuits against the college or university. Even though a formal suit is a course of action that can be used, litigation is seldom required. Additionally, courtroom capabilities do not translate into a strong defense for students and can even harm them.
The goal for Greater Sacramento students is relief from school disciplinary proceedings, not long, drawn-out court cases. The Lento Law Firm Student Defense Team is dedicated to brokering resolutions with a school's Office of General Counsel for a more positive outcome for the student and acting as their advisor from the initial allegations through appeals. Call us today at 888-535-3686 or visit the confidential online consultation form.
