Title IX allegations are serious. They can derail your education and career and negatively affect your reputation. When you're facing allegations of sexual misconduct or harassment under Title IX, you need to be proactive in your defense.
Whether you're a student, faculty member, or staff member, Title IX allegations don't just go away. You shouldn't assume your college or university will be on your side or that they'll assemble all of the relevant evidence. A school may want to make an example out of you as a way to show they're tough on sexual misconduct allegations.
You face the steepest penalties from a Title IX allegation. You need to be proactive in defending your reputation and your life from these accusations.
The Education Law Team at the Lento Law Firm assists students, faculty members, and staff members throughout the U.S. We tailor our knowledge of state and federal laws with an understanding of the policies of each college and university.
Whether you live, work, or attend school in Bakersfield, our team is here to advocate for you. Call us at 888-535-3686 or fill out an online form.
What is Title IX?
A federal law, Title IX covers a wide range of college and university life and prohibits discrimination on the basis of gender or sex in educational programs and activities. This includes requiring policies on sexual misconduct and assault. If a college, university, or other institution receives federal funds, they're required to comply with Title IX.
According to the California State University, Bakersfield, Title IX and relevant California laws prohibit discrimination based on gender or sexual orientation in:
- Employment
- Admissions
- Any education program or activity sponsored by or affiliated with the University
This covers both on- and off-campus activities. This ban extends to sexual harassment, sexual misconduct, sexual exploitation, dating and domestic violence, stalking, prohibited consensual relationships, and retaliation.
Cal State Bakersfield includes definitions of terms such as affirmative consent, sex-based harassment, and sexual assault. This can be beneficial to those accused as it gives them a foundation to understand how and when their conduct may or may not fall under these descriptions.
When colleges or universities either are aware of or should have been aware of Title IX violations but fail to act, they may be liable. In situations when a school might be liable, victims can file a lawsuit against the school.
California Laws
California tends to have laws above federal requirements. Title IX is no exception.
The California State University system, in 2022 and 2023, assessed its Title IX programs. Known as the Cozen O'Connor Report, the report had both an assessment of the overall Cal State system as well as assessments for each campus.
Each report included a summary of findings and recommendations. Among other things, the report recommended that CSU Bakersfield establish policies for what it called “conduct of concern.” This was conduct that wasn't a policy violation but may affect the campus community, either in the classroom, residence halls, or offices.
In addition to the Cozen O'Connor Report, in 2023, the California State Auditor also released the findings of a report on how the Cal State system addressed sexual harassment claims. The auditor's report found that the system had inadequately and inconsistently addressed sexual harassment allegations.
A third report followed in 2024. This report, put together by the California Assembly Committee on Higher Education, looked at all three of California's higher education systems – University of California, California State University, and the California Community Colleges – and how they handled sexual harassment and sexual discrimination. Titled A Call to Action, the report reviewed Title IX policies and addressed problems and potential solutions with how the systems handled Title IX issues and complaints.
Some key conclusions from A Call to Action:
- The majority of students, faculty, and staff felt that all three systems' current policies were focused more on protecting them from lawsuits than protecting members of campus communities.
- California lacked effective monitoring and regulating for Title IX
- Most schools were reactive rather than proactive in addressing Title IX issues
In response to these reports, California passed new laws focused on sexual harassment and violence on college and university campuses.
The California legislature introduced over a dozen bills related to Title IX in response to these reports. In Summer 2024, two became law.
These bills and laws highlight how confusing California's legal landscape can be. The Education Law Team at the Lento Law Firm stays current on both new laws and potential laws. We help our clients understand how to navigate both federal and state laws during Title IX hearings.
Title IX and Colleges and Universities in Bakersfield
The two major secondary institutions in Bakersfield are California State University, Bakersfield, and Bakersfield College. CSUB serves both undergraduate and graduate students.
Other schools in Kern County include Taft College and Cerro Coso Community College. Both schools, along with Bakersfield College, are part of the Kern Community College District.
A handful of colleges and universities have satellite locations and campuses in Bakersfield. These include:
- Fresno Pacific University Bakersfield Campus
- Point Loma Nazarene University Bakersfield Regional Center
- University of La Verne's Kern County Regional Campus
Whether you live and attend college in Kern County or travel to attend schools in Los Angeles or other counties and cities, the Education Law Team at the Lento Law Firm can assist you. We work with both undergraduate and graduate students attending community colleges and research universities, as well as faculty and staff members employed by these schools.
The Title IX Process
Each college and university is responsible for setting its Title IX process. The steps are generally similar, but it's important to know your specific school's process.
Larger universities may have different procedures for different schools or even for faculty, staff, and students. All of this information should be easily accessible to members of the school community.
Cal State Bakersfield has a map for its Title IX process. It's a good overview of common Title IX steps:
- Complaint filed
- Investigation
- Evidence review
- Hearing
- Hearing Decision
- Appeal
Some colleges and universities combine the investigation and review. Others have informal resolution procedures that skip the formal hearing.
Even when schools have similar processes, the details may differ. This can be seen in how CSU Bakersfield and Bakersfield College handle the complaint step.
Complaint
Allegations of Title IX violations generally begin with a complaint. Every college or university should have information on its Title IX reporting process that is easily accessible.
Schools can have different ways to report. This can be seen when comparing how Cal State Bakersfield and Bakersfield College publicize their reporting method.
CSU Bakersfield
Cal State Bakersfield has two reporting processes:
- Reporting an incident
- Filing a formal complaint
Anyone, including third parties, can either report an incident or file a complaint.
Reporting an incident is the more informal option and doesn't automatically trigger an investigation. It can serve as a way to put the university on notice of a potential Title IX violation.
While CSU Bakersfield says that anyone can file a formal complaint, the school also recommends that only individuals who experienced the unwanted behavior should complete the form. A formal complaint triggers the university's Title IX grievance process. It may result in an investigation or an information resolution.
Bakersfield College
Bakersfield College has similar reporting requirements. The school's sexual misconduct reporting intake form is for concerns or possible violations of the school's Title IX policies.
The school's other option is a formal complaint. Individuals must log in to access the school's complaint form.
The community college emphasizes that employees, other than those who fall under a legal privilege category, must report any crimes, including sexual misconduct, to one of the following:
- Department of College Safety
- Department of Human Resources
- The Office of Student Life
Those who have a duty to report and fail to report sexual misconduct could open them up to disciplinary charges. Staff and faculty members should be aware of when and how they're required to report incidents or potential crimes to the school.
Title IX Statute of Limitations
Title IX doesn't establish a statute of limitations. States may add a statute of limitations, and California is one of the states that has a statute of limitations for Title IX claims.
California courts have found that the state's personal injury statute of limitations applies to Title IX cases. This means that individuals have two years to file. This can include lawsuits against colleges or universities for failing in their duty to members of the campus community.
Investigation and Review
During this step, a school-appointed investigator will compile evidence. This can include speaking with the involved individuals and witnesses as well as reviewing documents.
No one is required to participate in a Title IX investigation. The difficulty is that not participating may lead to incomplete evidence. The Education Law Team at the Lento Law Firm assists our clients throughout the process, including helping them determine when and how to speak with investigators.
Bakersfield College points out that it's required to investigate even when the parties involved, including the individual who filed a complaint, disagree.
Following the investigation, the next step is reviewing the evidence. At Bakersfield College, the Deputy Title IX Coordinator determines the next step. General next steps:
- No evidence of wrongdoing; investigation closed
- Referral for informal resolution
- Schools have leeway in setting their informal options
- La Verne, for example, uses a mediator
- Move the case to a formal hearing
Hearing
Most hearings are similar to courtroom trials. They involve a neutral third party overseeing the proceedings, with both sides given the opportunity to present their version of events and introduce evidence and witnesses.
La Verne College, which has a satellite campus in Bakersfield, uses a Hearing Panel rather than a single person for these proceedings. These individuals are expected to be neutral and without any conflicts of interest. They are also expected to be knowledgeable and trained about the relevant Title IX laws.
After the trial, the Hearing Panel will submit a written determination to La Verne's Title IX Coordinator. These reports are essentially summaries of the investigation and hearing with recommended disciplinary action, if any.
Possible Disciplinary Action
If a school finds that someone did commit a Title IX violation, the next step is what disciplinary action will be taken against them. These can range from minor, such as a notation in a person's record, to losing scholarships and jobs.
Factors that should be considered when deciding disciplinary action:
- What was the severity of the incident?
- What penalties has a school used in similar instances?
- What is the person's disciplinary and misconduct history?
- How has the person handled the investigation? Have they been helpful, or have they attempted to frustrate the process or investigation?
A minor instance could result in severe disciplinary action when someone has a previous history of misconduct and repeatedly attempts to undermine the investigation. On the flip side, a school may impose an overly severe punishment as a way to appear “tough.”
Appeals
After the hearing, involved individuals should be given information about how to appeal. This can include the deadline for filing an appeal, which is especially important. Failing to file on time often ends someone's ability to appeal a decision. This means the decision becomes final.
While each college or university has its own policies for appeals, they generally don't allow people to appeal simply because they dislike the decision. Individuals must generally have to provide a reason for their appeal, such as:
- New evidence that wasn't available or known earlier in the process
- Failure to follow school policies or other mistakes during the investigation or hearing or other
- Evidence of bias from neutral parties, ranging from the Title IX Coordinator to individuals overseeing the hearing
These last two generally require proof. Colleges and universities can also consider, in the case of a mistake, what was done, if anything, to correct the mistake.
For example, a Title IX Coordinator emails wrong information about the process to one party. In this email, they give this person the wrong deadline to submit information. If the coordinator makes changes because of that mistake – for example, extending the deadline – an individual is less likely to get an appeal on that basis.
If, on the other hand, they don't correct the mistake, a stronger case can be made for an appeal because their actions disadvantaged one party. This is why it's important to have a legal team, such as the Education Law Team at the Lento Law Firm, who understands the nuances of the Title IX process.
Protect Your Reputation and Your Future
Accusations of sexual misconduct and other Title IX violations can haunt you long beyond the initial incident. Individuals facing accusations need to understand that, unfortunately, they shouldn't rely on other people to defend them.
Whether you're a student, faculty, or staff member in the Bakersfield area, the Education Law Team at the Lento Law Firm can help. We help our clients navigate the Title IX process and build a defense designed to protect their reputation, education, and career.
Title IX and sexual misconduct allegations don't have to derail your life or your future. Call us at 888-535-3686 or fill out an online form.
