Title IX law is in constant flux, with new rules and legal challenges continuing to shape how schools, colleges, and other institutions handle sex-based misconduct and discrimination. Our firm closely monitors these developments and is committed to providing the most current information available. Click here to learn about the current state of Title IX and how we can help if you are facing accusations or other Title IX issues.
Students attending colleges and universities in California’s Riverside metropolitan area enjoy a wealth of nationally recognized educational programs. Among the academic challenges students face on their way toward graduation, there exists a labyrinth of rules and regulations governing behavior on and off campus. Although students may have experienced merciful school authorities in the past who were willing to use violations as teaching moments, once they enter higher education, disciplinary officials aren’t as forgiving.
When schools pursue Title IX allegations, even students without a history of troublemaking can be at risk of severe discipline that can harm their academic and professional future. However, it’s critical to know that you have a professional ally to help you defend against school disciplinary boards. LLF National Law Firm’s Student Defense Teamknows how fighting back can seem daunting, but our well-known attorney will give you guidance throughout every step of the process. Ensure your path to a successful defense with us by calling 888-535-3686 now or filling out our confidential consultation form.
What Is Title IX?
In 1972, Congress passed Title IX as civil rights legislation prohibiting sex and gender-based discrimination in any educational program or activity, public or private, that receives funding from the federal government. The law’s guidelines are the basis upon which colleges and universities address instances of:
- Bullying
- Dating or Domestic Violence
- Discrimination
- Exploitation
- Harassment
- Hazing
- Intimidation
- Retaliation
- Sexual Misconduct
- Stalking
One of the hallmarks of Title IX is the fact that its provisions change easily with prevailing political winds. On August 1, 2024, the federal civil rights law received yet another series of major updates. The Biden Administration directed the U.S. Department of Education (DOE) to reverse many of the changes put into place by the Trump White House, some of which included:
- Broadened federal protections for LGBTQ+ students by including violations related to gender identity.
- Expanded the definition of sexual harassment to contain “severe or pervasive” conduct.
- Giving schools the authority to handle sexual misconduct allegations off campus.
- Removing the requirement for in-person hearings and cross-examination.
While updates went live at colleges and universities across the country, more than two dozen states and hundreds of school districts across the country have joined in the attempt to strike down the updates. Following a preliminary injunction from a Kansas federal district court, many California colleges and universities cannot enforce the updates. The injunction prevents the DOE from requiring those institutions identified by the plaintiff organizations to comply with the 2024 regulations.
The Riverside metro area colleges and universities affected by the injunction are:
- California Baptist University
- California State University, Chico
- Fresno Pacific University
- Point Loma Nazarene University
Institutions in the Riverside metro area not affected by the injunction are:
- American Heritage University of Southern California
- Cambridge College
- Gateway Seminary
- La Sierra University
- Loma Linda University
- University of California, Riverside
- University of Redlands
For the schools affected by the injunction, the former Title IX guidelines instituted during the Trump Administration remain in effect. Otherwise, the updates remain enforceable.
Reporting Title IX Allegations
One of the mainstays of Title IX—injunction or not—is the reporting requirements for potential violations. School districts allow any school employee with knowledge of allegations to report them to the school’s Title IX Coordinator.
For instance, the University of the Redlands considers all faculty and staff, including student employees, as mandatory reporters. The policy also applies to contractors or volunteers for the university who are responsible for the welfare of students. Consequently, if a mandatory reporter witnesses alleged Title IX violations, they must report it to the school’s Title IX Coordinator or risk punishment themselves. When a school’s Title IX Coordinator is informed of allegations, it fulfills the “actual knowledge” requirement, beginning the course of action to investigate instances of misconduct and subsequent hearing and sanctioning procedures.
Title IX Investigations
The investigation stage can be where the case is determined before the hearing. Even at California schools where findings of responsibility are linked to Title charges during a formal hearing, the investigation will set the stage for what the hearing panel provides. Some students may believe that their school disciplinary board will be fair and impartial if they simply explain what happened. However, it’s a mistaken belief that can lead to suspension or expulsion. At the first sign of an investigation, students must retain professional assistance to safeguard their rights and ability to defend themselves.
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
Despite the changes, students subjected to the disciplinary process in Title IX may have an attorney counsel them during each step of the Title IX grievance process. Advisors cannot represent students during proceedings like they would in a courtroom, but they may attend meetings if permitted and instruct student respondents on the best approaches for defense.
The case investigator, who cannot be the same person as the Title IX Coordinator, will meet and interview both parties to gather evidence. There is little outside the purview of the investigator as they may collect any photos, videos, emails, text messages, or anything used on the school’s computer network or Internet system. Furthermore, they will seek witnesses to interview, which may include giving statements during the formal hearing.
Once the information is collected, the investigator will provide each party and their advisor with a copy for review. The complainant and respondents will have ten business days to submit a written response to the investigator, who will consider their response before completing the report and submitting it to the Title IX Coordinator.
Title IX Hearing Process
With the fluctuations in federal Title IX policy, the hearing process will differ between schools. For example, California State University, Chico, uses the updated procedures implemented in 2024, whereas schools like the University of California, Riverside, remain aligned with the 2020 rules. Updates notwithstanding, those accused of Title IX misconduct in California colleges and universities have the option to initiate informal resolutions.
Informal resolutions are offered as a way to speed up the grievance process and skip formal procedures like convening a panel of disciplinary officials to adjudicate the matter. Instead, the Title IX Coordinator can resolve the matter with the accused. At Loma Linda University, there are three options for informal resolution:
- Supportive Resolution: Resolving the matter only with supportive measures, such as courses or educative resources.
- Alternative Resolution: When the parties agree to resolve the matter outside a hearing.
- Accepted Responsibility. The respondent accepts responsibility for the alleged violation and accepts the recommended sanctions.
For formal proceedings, schools on the 2020 and 2024 guidelines will approach adjudicating matters slightly differently but still follow the same general outline.
- A hearing officer will introduce the disciplinary panel and allow the complainant and respondent to make an opening statement.
- Members of the hearing panel may question the parties and their witnesses.
- The complainant and respondent may make rebuttals or closing remarks.
- The panel will conclude the hearing to make its determination. The final decision may involve a majority vote of the panel members, often with the hearing officer used to break a tie.
Under the 2020 guidelines, Title IX hearings required live proceedings. Although the 2024 updates remove that requirement, schools are allowed to maintain the provisions. California State University, Chico, does, but live hearings may occur with the complainant and respondent testifying to the hearing officer from separate rooms or locations.
Despite not being affected by the injunction, the University of California, Riverside 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.
Some of the notable changes in this process include:
- A hearing after the investigation and before a determination of responsibility.
- The indirect questioning of parties and witnesses through advisors.
If the conduct does not fall within the confines of the criteria, the school will respond through the processes that exist under the 2020 guidelines. Therefore, if a formal investigation is conducted, it would not involve a hearing unless the respondent is a student.
Consequences of Title IX Violations
Within a few days—typically three to seven—the hearing panel will serve its determination to the parties involved. For schools in the California Riverside metro area adhering to the 2024 Title IX updates, the standard of proof in cases is lowered. Whereas hearing panels were given the option under the 2020 rules to use a “preponderance of the evidence” or “clear and convincing evidence” standards in cases, those aligning with the updates follow the former. This means that the respondent only needs to be proven that they are “likely” to have committed the alleged violation.
If a student is found responsible for Title IX misconduct, punishments are severe. Suspensions are commonly the minimum penalty, but responsible parties are typically expelled from the school, with or without the opportunity to reapply at a later date.
Consequences are far more troublesome than the end of an academic career. Students will have the offense’s outcome detailed on their transcript, making admittance into another California school challenging. Even if the violation does not lead to expulsion, it may interfere with maintaining federal financial aid or private scholarships. Furthermore, disciplinary action can lead to ineligibility for high-paying jobs after graduation.
Appealing Title IX Sanctions
Despite DOE rule changes, there are still opportunities to appeal panel findings or the sanctions it levies. Both the complainant and the respondent have—in most cases— five days or less to appeal, and petitions are only eligible under the following circumstances:
- Conflicts of interest or bias from the hearing panel
- Procedural irregularities affected the outcome
- New evidence emerged not available during the investigation
- Evidence does not support sanctions levied
While the ability to appeal school sanctions is a benefit for those receiving punishments, the best way to avoid sanctions is to have the proper foundation for defense from the beginning. Whether your California Riverside metro area school aligns with the 2020 or 2024 Title IX rules, you have the opportunity to retain professional assistance to keep you in line with your studies and out of trouble.
How Can LLF National Law Firm Help?
LLF National Law Firm’s Student Defense Team is well-known in the Riverside metro area, from Chino Hills and Fontana to Twentynine Palms and Rancho Cucamonga. No matter where you attend college in the area, we are here to ensure your rights are respected, and you have every chance for fair proceedings.
While students may look to retain the guidance of local lawyers, think again. Trail attorneys typically defend students by threatening expensive lawsuits against the institution. Although a formal suit is a possible course of action, litigation is rarely necessary for Title IX situations. Additionally, courtroom competency fails to translate into brokering beneficial resolutions with representatives of a school’s Office of General Counsel for a more positive outcome for the student.
The goal for Riverside metro area students is confidence in professional relief from school disciplinary proceedings, not grueling court cases. Even if you cannot have an advisor present with you during a formal hearing, LLF National Law Firm can equip you with the knowledge and tactics to defend yourself against disciplinary boards. Call LLF National Law Firm Student Defense Team today at 888-535-3686 or visit the confidential online consultation form.