Facing a Title IX investigation or disciplinary proceeding as a college or university student can be overwhelming. You may feel isolated, confused, and unsure of what steps to take next. These cases are unlike many other legal matters, in that they’re not handled in courtrooms, but through internal campus processes. These often lack the procedural protections found in criminal or civil court. Yet the consequences, such as suspension, expulsion, and/or a permanent mark on your record, can follow you for life. At Allen Harris, we understand how high the stakes are. Whether you’ve been falsely accused or simply don’t know how to protect your rights, you can depend on a California student defense lawyer from our firm to fight for you.
Our Legal Services
At Allen Harris, we provide comprehensive legal representation for students involved in Title IX and campus disciplinary matters. Some of the various cases we handle involve:
- Free Speech and Academic Freedom
- Sexual Misconduct
- Title IX Violations
- Student Misconduct
- Discrimination Claims
- College Housing Policy Violations
Students We Serve
California is home to hundreds of colleges and universities, each with its own disciplinary procedures, Title IX office, and campus culture. We proudly assist students at all public and private institutions throughout the state, including:
- University of California, Berkeley
- University of California, Los Angeles (UCLA)
- University of California, San Diego (UCSD)
- University of California, Davis
- Stanford University
- University of Southern California (USC)
- California State University, Long Beach
- San Diego State University
- California Polytechnic State University (Cal Poly San Luis Obispo)
- Pepperdine University
- Loyola Marymount University
- Chapman University
- University of San Francisco
- Claremont Colleges (Pomona, Harvey Mudd, Scripps, and others)
- Santa Clara University
But no matter where you attend school in California, the Title IX process can feel stacked against you. Allen Harris is equipped to handle the policies, procedures, and appeal processes specific to your institution.
What is Title IX?
Title IX is a federal civil rights law enacted in 1972 as part of the Education Amendments. At its core, Title IX prohibits sex-based discrimination in any education program or activity that receives federal funding. While it originally aimed to ensure equal access to educational opportunities, the law’s scope has expanded over time, particularly in the area of sexual misconduct and campus disciplinary actions.
Under Title IX, schools are required to investigate any reports of sexual harassment, sexual assault, dating violence, or other forms of sexual misconduct. This includes both alleged conduct on and off campus. When a complaint is filed, the school must take immediate action to ensure a prompt, fair, and impartial investigation. In addition, many schools have generated additional policies that cover alleged sexual misconduct above and beyond Title IX.
Here are some examples of sexual misconduct charges that do not fall under Title IX:
- Sexual misconduct allegations that arise off campus and not within an educational activity of the college or university.
- Accusations of sexual misconduct made to your school by someone who was not a student or otherwise not a member of the campus community.
- “Harassment” allegations that do not qualify as “severe,” “pervasive,” or “objectively offensive,” but which the institution defines as misconduct under its student code.
What many students don’t realize is that Title IX and campus sexual misconduct proceedings are not criminal trials. The standard of evidence is often lower (typically a “preponderance of the evidence” rather than “beyond a reasonable doubt”), they can also be biased, and the procedures vary widely from one institution to another. As a result, students may find themselves facing confused and your rights can be easily overlooked, especially if you attempt to go through the process alone.
Understanding California’s “Yes Means Yes” Law and Title IX
California was the first state to enact what is commonly known as the “Yes Means Yes” law.. This law mandates that colleges and universities use an “affirmative consent” standard when evaluating sexual misconduct cases.
What does that mean in practical terms? Under the affirmative consent model:
- Consent must be affirmative, conscious, and voluntary.
- It must be ongoing throughout a sexual activity, not just at the beginning.
- Silence or lack of resistance does not constitute consent.
- A person who is asleep, unconscious, or under the influence of drugs or alcohol cannot give valid consent.
This places significant responsibility on both parties to ensure clear, mutual agreement before and during sexual activity. Unfortunately, this standard can also create gray areas in Title IX investigations. It often leads to “he said, she said” scenarios where there is little to no physical evidence. In these cases, the outcome can hinge on how each party is perceived by the investigator or panel.
For students facing such allegations, understanding California’s unique consent laws that apply to college and university students interact and how they interact with federal Title IX rules is critical. These laws often tip the scale in favor of the complainant. That’s why having a skilled California student defense lawyer who understands both state and federal policies is absolutely essential.
Why Hire a California Student Defense Lawyer?
When your academic future, reputation, and freedom are on the line, hoping for a fair process isn’t enough. Too many students make the mistake of assuming they’ll be believed because they’re telling the truth. Others think cooperating fully with investigators will work. Sadly, that’s not always how these proceedings work. These are just some of the reasons why hiring a Title IX defense lawyer is so important are as follows:
- Campus Procedures Aren’t Neutral: Title IX coordinators and investigators are hired by your school. They’re under pressure to show that their institution is compliant with federal mandates. This sometimes leads to biased or rushed conclusions.
- You May Not Get a Chance to Speak Freely: Many schools control when and how you respond. Without preparation, you could say something that gets misinterpreted or used against you.
- Evidence Can Be Overlooked and even Suppressed: We help ensure that your side is documented clearly, including digital evidence, texts, or witness statements that support your case.
- Reputational Harm Extends Beyond School: A finding of responsibility can impact grad school, job prospects, scholarships, and more. Even without criminal charges, a disciplinary record can follow you for years.
- You Deserve a Fair Process: At Allen Harris, we fight for your rights. We make sure schools honor their own rules and treat you with dignity throughout the process.
Contact a Student Defense Lawyer in California Today
If you’re under investigation or have been accused of a Title IX violation, don’t wait. The earlier you involve a California student defense lawyer, the more we can do to protect your future. Contact Allen Harris today for an initial consultation.