NEW UC SYSTEM POLICY Goes Into Effect Regarding Sexual Misconduct Procedures. Respondent ‘Entitled to Certain Rights’
A policy regarding the process of handling sexual misconduct accusations went into effect across California’s UC system after a California court of appeals ruled in December that the respondent is entitled to certain rights. The California appellate court ruled against USC citing “fundamental fairness” for both parties. Universities must “provide a mechanism by which the accused may cross-examine those witnesses, directly or indirectly, at a hearing in which the witnesses appear in person or by other means… before a neutral adjudicator with the power independently to find facts and make credibility assessments.” The appeals court case specifically regarded the University of Southern California, but the implications of the ruling were expanded to apply to all private and public higher education institutions in California.
Current changes to the sexual misconduct policy address the grounds on which a decision can be appealed. In the past, only certain requests were valid, but the court decision now calls for evidentiary hearings for all requests, regardless of the reason, according to the interim Systemwide Title IX Coordinator Suzanne Taylor. According to Taylor, the primary goal of the UC system is to “(protect) both parties – claimants and respondents – and (uphold) the integrity of the process. It is UC’s responsibility to ensure fair, just and reliable outcomes. We are going to do everything in our power to ensure this happens.” said Taylor.
dailycal.org By Katherine Finman
