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Title IX is a popular federal law prohibiting discrimination on the basis of sex in Cal Poly Pomona and other higher learning institutions. The law remains active and applicable both on and off the campuses. The act states that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activities." Title IX strongly accords protection to sexual harassment and sexual violation among other forms of sex discrimination. Moreover, the acts also prohibit retaliation against people for making or participating in complaints of sex discrimination. Other acts that constitute Title Ix conducts include Violence Against Women Act (VAWA) which clarifies "sexual violence" to include all domestic violence, dating violence as well as stalking. Based on the above legal requirements, Cal Poly Pomona is therefore committed to creating and sustaining an educational and working environment free of sex discrimination, sexual harassment, sexual violence, dating violence, and domestic violence and stalking. The primary priority for the University is the safety and well-being of all campus community. This paper will, therefore, analyze Cal Poly Pomona's Title IX investigative and hearing process. Moreover, the paper will address how Cal Poly's procedures compare to a legal process in court.
Cal Poly Pomona has formal written procedures which provide for a Campus investigation of reports of sexual misconduct, dating and domestic violence and stalking, written findings sent to the Complainant and the Respondent as well as a review of the campus investigative findings by the Chancellor's Office. Based on the conclusion of the University's complaint procedure, any employee or student proven to have violated University policy will be subjected to discipline. The discipline would be administered consistent with applicable collective bargaining agreements, university policies and legal requirements. The investigation process or hearing process about the Title IX allegation is a sensitive process conducted by the Campus Title IX Coordinator who also advises the complainant on any reasonable interim remedies that the university may offer prior to the conclusion of an investigation or potential disciplinary action meant for reducing negative impacts on the complainant.
Investigation process may assume the following steps and actions. First, there are adjustments to work assignments, courses schedules or supervisory reporting relationship. This may require the Respondent to move from the University-owned or affiliated housing. Secondly, it may immediately prohibit the Respondent from coming to the University. Similarly, the Respondent may be prohibited from contacting the parties involved in the reported incident. Interestingly, the above provisions are available to the Respondent whether or not they choose to report the case Cal Poly's Police or nay other law enforcement. Additionally, the campus Title IX Coordinator remains available to assisting and providing the Respondent with reasonable remedies requested throughout the reporting, investigative and disciplinary processes and thereafter. In the event that the investigation proves for the violation of the University policy, the Respondent will be subjected to discipline, up to and including dismissal from University employment or expulsion. However, the complainant is entitled to be accompanied to any related meeting or proceeding by an advisor of your choice. In the event that they are willing to participate in an investigation and hearing process, then there is liberty to decline.
Cal Poly Pomona has become extremely aggressive in pursuing sexual misconduct investigation ever since the United States Department of Education's Office for Civil Rights issued a letter in 2011 discussing how schools are to address sexual assault and misconduct to comply with the Department's view of title IX. The respondents have typically found themselves in the midst of veritable minefield in which the institution are using their internal disciplinary procedures to try students for the allegation and mete out penalties ranging from expulsion, suspension and a permanent scar on their academic history. The disciplinary procedures of Cal Poly Pomona differ dramatically from civil and criminal cases handled in the court. The campus's proceedings have taken on the characteristics of an arbitrary tribunal, with students being denied the right to a fair hearing, access to an attorney as well as the ability to question their accuser. However, the consequences of such flawed process are serious and often life-altering for those wrongly accused. For instance, males found guilty of sexual misconduct on campus may find themselves effectively cut off from acceptance at a law, medical or other graduate schools despite having good grades. In the event that there is no court order countermanding the school's sanction, the student has no recourse.
Having the legal mind and understanding, the attorney may help the students in undertaking the following task; first is to represent the respondent in the litigation. The attorney is dedicated to defending the students at disciplinary proceedings facing suspension or expulsion from the University. Moreover, the attorney has the rights to file civil lawsuits against the university in connection with mistreatment of accused students. This helps to strengthen the application of justice without biases or consideration. However, if the same student accused of sexual misconduct is found guilty of an analogous crime, then the criminal court may impose compensation charges and other serious penalties.
Gibson, E., & Zasadzinski, T. (2014). Check it Out@ the Cal Poly Pomona Library, Spring 2014: 75 Years.
Thulin, A., Shelton, M. D., & Tonik, S. (2014). Fiscal year 2014-2015 Call for Proposals Guidelines: California State University Agricultural Research Institute (ARI)-Cal Poly Campus.
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