Section 59337 - Title IX and Student Discipline Procedures(a) In cases of student sexual misconduct subject to Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681-1688, districts must comply with the federal Department of Education's Title IX regulations, 34 C.F.R. Part 106.(b) In cases of student sexual misconduct that are not subject to Title IX, when an accused student is subject to severe disciplinary sanctions, and the credibility of witnesses was central to the investigative findings, district student discipline procedures must provide the following:(1) An opportunity for the accused student to cross-examine witnesses indirectly at a live hearing, either in person or by videoconference; and(2) A live hearing conducted by a neutral decision-maker other than the investigator.(c) For purposes of this section, "indirect" cross-examination shall be conducted as follows: (1) Any question to the witness shall be asked by a neutral party appointed by the district for the sole purpose of asking questions. The neutral party shall not be the accused student, the accused student's representative, or a member of the hearing panel; and(2) The accused student may submit written questions before and during the cross-examination, including any follow-up questions. The neutral party asking questions shall not exclude any questions unless there is an objection to the question by the hearing panel.(d) Nothing in this section shall prohibit a district from providing a live hearing or neutral decision-maker for other student discipline proceedings, including for other forms of discrimination.Cal. Code Regs. Tit. 5, § 59337
1. New section filed 8-19-2020; operative 9-18-2020. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2020, No. 40). Note: Authority cited: Sections 66271.1, 66700 and 70901, Education Code. Reference: Sections 66271.6 and 66271.7, Education Code; Title 20, United States Code, Section 1681; and Title 34, Code of Federal Regulations, Section 106.31.
1. New section filed 8-19-2020; operative 9/18/2020. Submitted to OAL for filing and printing only pursuant to Education Code section 70901.5 (Register 2020, No. 40).