Students accused of sexual harassment sue California universities

He was a University of California graduate student who said he dated another student twice — and was shocked when she accused him of stalking and sexual harassment in a Title IX complaint in 2017.

This week, he filed a class-action lawsuit in Alameda County against the 10-campus UC system, arguing that the procedures used to find him and other students responsible for sexual misconduct are unfair and failed to provide them due process. A male Cal State Fullerton student filed a similar class-action lawsuit last month against the 23-campus California State University system.

challenging their Title IX outcomes, but he estimated that as many as 20,000 students at the nation’s 4,500 colleges may have been disciplined for sexual misconduct.UC and Cal State data on the number of students who have been suspended or expelled for sexual misconduct were not immediately available. Attorneys estimate that more than 500 UC students could potentially be affected, with even more at the larger Cal State system.

However, for the class-action lawsuits to proceed, the courts must first agree that the proposed class of students can be clearly defined, have suffered the same alleged injuries and share a common legal interest. Courts have yet to certify the class in any of the lawsuits, and a Cal State spokeswoman said university officials don’t believe they should.

In response to the ruling, all students are now entitled to a hearing before a neutral decision maker on Title IX complaints.Under UC’s new policies issued this week, any student dissatisfied with preliminary determinations and proposed sanctions can request a hearing. Previously, hearings were in granted only in limited circumstances.

UC investigators will offer preliminary determinations of whether sexual misconduct allegations are true, and student conduct officers will then propose sanctions if warranted. But the accused and accuser have the right to contest those proposed decisions and ask for a hearing.

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