Recent Due Process Rulings by the California Courts: What Do California Colleges and Universities Need to Know and Do?
April 1st, 2019 from 2:00pm – 3:15pm PST
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The state courts of California are sending a set of very clear messages about due process. Seven recent rulings. Seven losses for colleges and universities. Who is helping put a stop to this litigation madness?
The writ of administrative mandate? Have you heard of it? The lawyers suing California public and private colleges have, and they’ve leveraged a string of seven lawsuits by John Doe (he is ofthe infamous Does, the most litigious family in America) to hold CA colleges liable for due process failures, in sexual misconduct proceedings. The single investigator model can’t meet the requirements of the APA in California. Moreover, even formal hearing systems are being shot down by the courts. Cross-examination is now an expectation. You need to update your process before the next lawsuit does it for you.
In this 75-minute webinar hosted by Title IX expert and LA resident Brett A. Sokolow, J.D., Brett shares a review of the key cases that are currently reshaping due process for public and private colleges and universities in California. The webinar then focuses on the practical changes that are required, and how to evolve your resolution processes without fundamentally upending the structures you have already built. Key questions will be addressed, including:
- Why the single investigator model is no longer viable
- How to ensure the independence of the roles of those involved in the resolution process
- How to assure impartiality, structurally
- What role should investigators play? Fact-gatherer? Fact-finder, or something in between?
- How should live interviews be managed at different phases of the process?
- What role, if any, should investigators have in helping to assess credibility?
- How do the CA courts differ from the requirements being handed down in the 6th Circuit and those proposed by OCR?
- How do we meet the expectations of the appeals courts in CA without turning our processes into adversarial mini-courts?
- How do we manage cross-examination with civility?
- What hearing formats are available to us, and how should we staff the decision-making role?
These ten pressing questions will be discussed, along with a live Q&A session with webinar participants. All live webinar attendees will receive the recording following the event and a recording of the webinar will be available for purchase for those unable to attend live.