The California State University (CSU) system mandated campuses to halt all current and appeal-pending Title IX sexual misconduct investigations while the CSU adopts a new investigative model. A ruling made by the California Court of Appeal on a case involving a University of Southern California student who was accused of sexual misconduct, set precedent that required an immediate shift to the live hearing cross-examination model for Title IX cases in California universities. The new model, now required by California law, will guarantee students accused of sexual misconduct the right to cross-examine their accuser, potentially during a live hearing through an advocate. This is a significant change in CSU policy and a timeline of its implementation is unknown. In past policy, written questions and answers between the the respondent (student accused of sexual misconduct) and complainant (student who reported misconduct) was allowed. Now, this information gathering period will more closely resemble a court-like proceeding, with the due process rights for party advisors to separately question the involved students during a public hearing.
Until this model is implemented, no Title IX case at Cal Poly or any CSU campus can proceed past the Investigative Report, a summary of investigative findings that does not include recommended factual findings (the investigator deciding if the accused student is in violation or not), or recommended university action. Pending cases that have proceeded past the Investigative Report will have to redo the fact-finding process under the new model. This includes all cases where an investigative outcome has already been reached based primarily on witness testimony, but an appeal is in process or the deadline to file an appeal has not passed.
mustangnews.net By Ashley Ladin
