For many students, college is a time to learn, be responsible, and gain independence. One of the most stressful incidents you can face in college is involvement in a disciplinary proceeding. You could face allegations of academic dishonesty, sexual misconduct, or harassment against another student or staff member.
Title IX violations involve sexual misconduct, stalking, and dating violence. These are some of the most severe allegations you could face because they may also count as criminal conduct. If you face an allegation of a Title IX violation, you will undergo an investigation and, occasionally, a disciplinary hearing. At this hearing, you will have the right to defend yourself.
If the school finds you liable for misconduct, you can face different forms of discipline, including expulsion, suspension, and warnings. If you are navigating the school disciplinary process in Orange County, CA, you will need our expert guidance, which we offer at Orange County License Attorney.
Understanding College Disciplinary Proceedings
Colleges and universities in California have strict rules that students must follow. When a student is accused of violating those rules, the school may initiate disciplinary proceedings. These proceedings are separate from criminal court cases. A student can face school discipline even if no criminal charges are filed for their misconduct.
The purpose of these proceedings is to determine whether a student violated the set rules. After receiving a report or complaint against you, the school will investigate it and gather more evidence. Additionally, the disciplinary committee will review the relevant documents before making a decision. Common allegations that may lead to disciplinary proceedings include:
- Academic dishonesty
- Harassment
- Sexual misconduct
- Physical violence
- Stalking
- Hazing
- Drug or alcohol violations
- Threatening behavior
Each institution has a way of handling various misconduct cases. However, you will get informed of the allegations against you and the chance to explain yourself. The procedure might include the investigation and hearing stages. But this type of misconduct will also play a role in this process.
The disciplinary process at school is not a criminal case. However, the results of this process can affect your future education. Thus, if you are a student, you must try to know everything about the process.
What is Title IX?
Title IX is a federal civil rights law that prohibits sex-based discrimination in educational programs. The law was enacted in 1972, and it applies to most colleges and universities in California. Many people associate Title IX with athletics, but the law covers much more than sports. Title IX requires schools to provide equal educational opportunities and address complaints involving sex-based misconduct appropriately. Schools that receive federal funding must have strict policies for handling these complaints. Title IX may apply to allegations involving:
- Sexual harassment
- Sexual assault
- Dating violence
- Domestic violence
- Stalking based on sex
- Sexual exploitation
- Gender-based harassment
- Discrimination based on sex
The law does not always presume that an accused student is responsible for the alleged conduct. Instead, they must conduct an impartial review of the facts before reaching a decision. When a school receives a report that you have violated Title IX, it can take action against you. The school will review the complaint and determine whether an investigation is necessary. If the matter proceeds, the school must follow established procedures to provide a fair process.
Students accused of Title IX violations have legal protections throughout the disciplinary process. These include:
- California Education Code 67386. This section of the law requires universities and colleges to establish fair and clear disciplinary procedures. Furthermore, it requires the schools to train staff responsible for handling cases of sexual misconduct.
- Education Code 66281.8. This section requires federally funded schools to provide a written notice of the allegations to the student. Also, they must clearly explain to the students the procedures for the disciplinary process.
If the school fails to follow state or federal rules, it may face legal action. This may include lawsuits or court orders.
Disciplinary Process for a Title IX Violation
Procedures for handling disciplinary cases vary from one institution to another. However, most California colleges and universities follow a similar process when handling Title IX complaints. The steps in this process include:
Report or Complaint
The disciplinary process begins when someone reports alleged misconduct to the school. The report may come from:
- Students
- Employees
- Witnesses
In some cases, the complainant files a formal complaint with the school’s Title IX office. In others, the school may learn about the allegations through another source. The institution must decide how to respond after receiving the report. At this stage, the school may contact the parties involved to explain the available resources and support measures. Not all reports made to the school disciplinary board are valid. Therefore, facing allegations does not mean that you are liable.
Initial Assessment
After receiving the report, the school will conduct an initial assessment. The purpose of this review is to determine whether the allegations fall within the school’s Title IX policies. School officials may review the information provided and speak with the complainant. Also, they may consider whether immediate steps are needed to protect the victims. During this stage, the school decides whether to proceed under Title IX procedures.
Notice of Allegations
If the school decides to proceed with an investigation, it will notify you of the allegations. The notice you will receive may explain:
- The alleged conduct
- The school policies involved in the specific conduct
- The identities of the parties involved
- The date and location of the alleged incident
- Information about the disciplinary process
After receiving the notice, you should read it carefully and provide any additional information requested.
Investigation
After notifying you, the school will proceed to the investigation stage. During this stage, the investigator will:
- Interview you
- Interview the complainant
- Speak with witnesses
- Review text messages and emails
- Examine social media communications
- Collect photographs or videos
- Review other relevant records
Review of Evidence
When the school has collected enough evidence, you will have the opportunity to review the information. This stage emphasizes transparency and equality. You have the opportunity to review all the facts and point out inaccuracies, contradictions, and insufficient evidence. Also, provide your written feedback or further evidence.
Hearing or Determination
Based on how the school handles its cases, the case can be referred to a hearing process. In a hearing, the hearing officer will assess the evidence and information provided by both parties. The decision-makers will determine whether the evidence indicates that you committed a violation.
Decision
After reviewing the evidence, the school will issue a written decision. The decision explains:
- The findings of fact
- Whether a policy violation occurred
- The reasons for the decision
- Any disciplinary sanctions imposed
You should carefully review the decision and keep a copy for your records. The outcome of the Title IX proceedings may affect your academic standing.
Appeal
Many colleges and universities allow you to appeal the decisions made after a disciplinary hearing. Common grounds for appeal include:
- Procedural errors
- Newly discovered evidence
- Bias or conflicts of interest
- Other issues identified in school policies
An appeal is not a new investigation. Instead, it is a review of whether an event that may have affected the outcome occurred.
What Are My Rights During the Proceedings for a Title IX Violation?
Students accused of violating Title IX have rights throughout the disciplinary process. They include:
Right to Notice of Allegations
The school disciplinary process begins when a person files a complaint about your conduct with the disciplinary board. In this case, you are entitled to receive notice of the allegations. The notice should explain the conduct under investigation. Also, it should give you an overview of the procedures that the school intends to use while investigating and disciplining you.
Right to Review Evidence
After receiving a complaint, the school will investigate it further by gathering evidence and interviewing witnesses. You are entitled to review relevant evidence and respond to it appropriately.
Right to Present Evidence
Since you have a right to defend yourself against the allegations, you can submit evidence to support your account. Common pieces of evidence you could use include:
- Communication records
- Witness information
- Relevant documents
- Right to Identify Witnesses
During the school’s disciplinary process for a Title IX violation, you can request that the investigator interview certain witnesses. These witnesses will provide statements that validate your story.
Right to an Advisor or Legal Representation
Many colleges allow students to have an advisor present during portions of the process. The advisor may be an attorney or another individual permitted under school policy. The advisor will offer you expert insight to navigate the process.
Right to Fair and Unbiased Procedure
During the process of handling the case, you will be allowed to state your case before the disciplinary committee makes any decision. The college must ensure that there is no bias in conducting the process.
Right to Written Decision
Based on the charges against you and the information presented, the college will make a decision. You have a right to get a written decision concerning the case. If a decision is made, the sanctions must be explained to you.
Right to Appeal
Different institutions have varying policies for handling Title IX proceedings. If the university allows appeals, you can appeal a decision that was reached against you. You may appeal because of procedural errors or new information.
Disciplinary Actions for a Title IX Violation
If you are found responsible for violating Title IX-related policies, your school may impose disciplinary sanctions. The type of discipline depends on the following factors:
- The nature of the allegations
- The evidence presented
- The impact of the conduct
- Whether you have a prior disciplinary history
Common disciplinary actions you could face include:
Warning
A warning is one of the mildest forms of penalties for Title IX violations that you may receive from the institution. A warning is a formal notification from the school indicating that your behavior violates school policies. Although you might not be stripped of any privilege, the warning will remain on your record. If you commit a violation in the future, the school may reference the warning.
Educational Requirements
Sometimes, the school may require you to complete educational programs related to the alleged misconduct. These requirements may include:
- Counseling sessions
- Training programs
- Educational courses
The goal of these requirements is to help prevent future violations. Completing these requirements is mandatory. Failure to comply could lead to additional disciplinary action.
Probation
Sometimes, the disciplinary board can place you on probation for a Title IX violation. During probation, the school expects you to strictly comply with its policies. Sometimes, probation may limit your ability to participate in certain campus activities. If you commit another violation during probation, the board may impose harsher penalties.
Restrictions on Activities
The board may deny you certain programs and activities if it finds you guilty of committing a Title IX violation. They include the following:
- Student organization participation
- Sports and athletic programs
- Housing on campus
- Leadership positions
These restrictions address issues that have arisen during the disciplinary procedure.
No-Contact Orders
Title IX violations often involve sexual misconduct against other people. As a consequence of your violation, the disciplinary board can order you to avoid contact with the victims of your actions. The restrictions may apply to:
- In-person contact
- Phone calls
- Text messages
- Emails
- Social media messages
- Communication through third parties
Suspension
For more serious Title IX violations, the school can issue a suspension. A suspension removes you from the institution for a specific period of time. During the suspension, you may be prohibited from attending classes or entering campus property. A suspension can interrupt your education and delay graduation.
Expulsion
Expulsion is the most severe disciplinary sanction you can face from the school. An expulsion means that you are permanently removed from the institution. In many cases, you lose the ability to return to school in the future.
Find a Skilled License Defense Attorney Near Me
Colleges and universities have strict rules that students must follow throughout their stay at the institution. If you violate one or more of these regulations, you can face disciplinary action and serious sanctions. Common violations that result in disciplinary action are Title IX violations. These involve sexual harassment, dating violence, and sexual abuse.
In addition to being school violations, such conduct can result in an arrest and criminal charges. Colleges and universities have different ways of investigating and handling Title IX violations. After the investigation, you can defend yourself and avoid the consequences through a hearing.
If the school finds that you committed the violation, it can impose disciplinary action against you. Common forms of disciplinary action include warnings, suspensions, or expulsion from the institution. Facing the school disciplinary process can feel overwhelming. Therefore, you will need the guidance of a reliable lawyer. At Orange County License Attorney, we offer expert guidance for our clients. Contact us today at 714-782-6386 to discuss your case.
