California’s top court sides with USC in student misconduct case
Natalie Schwartz
August 2, 2023
At private colleges in the state, students accused of violence aren’t guaranteed a right to cross-examine their accusers during live hearings, the judge ruled.
Dive Brief:
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Private California colleges do not have to give students accused of sexual misconduct or intimate partner violence the opportunity to cross-examine their accusers during live hearings, the California Supreme Court ruled on Monday.
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Colleges must provide accused students meaningful opportunities to respond to allegations before they are disciplined, Associate Justice Joshua Groban wrote in the opinion. However, they also need to balance those obligations with ensuring that the process doesn’t retraumatize accusers or dissuade victims from reporting sexual misconduct or intimate partner violence, he wrote.
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In his opinion, Groban also pointed to the Biden administration’s recent regulatory proposals around Title IX, the sweeping law banning sex discrimination in federally funded schools. He wrote that the proposed changes may be “trending towards providing private universities with more flexibility in determining whether to conduct a live hearing.”
