A Renewed Focus on Title IX: Addressing Sexual Misconduct Allegations in the Educational Setting Amidst Hollywood Revelations

In mid-October 2017, Hollywood movie executive Harvey Weinstein tumbled from grace when he was accused of sexual harassment from multiple actresses who had worked with him over the decades.  After the first complaint came in, more and more women began to come forward with their own allegations against Weinstein.  From there, out of the Weinstein complaints grew a new movement of women and men speaking out against other celebrities, politicians, and media personalities alleging sexual misconduct.  Social media responded with a “#metoo” movement where victims of sexual harassment and misconduct took to the internet to give light to a topic previously tucked away in the dark.

School districts are no longer authorized to grant permission to persons to carry firearms in school zones and on school campuses, closing a longstanding loophole under the California Gun-Free School Zone Act of 1995 (Penal Code § 626.9). Now, with certain limited exceptions, no one is permitted to possess a firearm in a school zone or on a school campus

Categories: Legislation

The New Law (SB 395)

Effective January 1, 2018, a California minor age 15 or under must consult with an attorney before he/she can give a confession to a law enforcement officer in a custodial setting which would be legally admissible in a court of law. (SB 395, Welfare and Institutions Code § 625.6.)  The consultation with the attorney can occur by phone or video conference.  Neither the minor nor the minor’s s ...

In June 2015, we reported here that the Equal Employment Opportunity Commission launched a pilot program called ACT Digital to digitally transmit employment discrimination charges and related documents. The program was initially piloted in 11 EEOC offices, including San Francisco. In March 2017, EEOC announced its Online Inquiry and Appointment System, which was available as a pilot in five cities ...

Categories: Labor/Employment

California has taken an important step in protecting students from being subjected to sexual misconduct by teachers. Recently, the California legislature enacted AB 872, which makes all sex offenses that require registration as a sex offender now also result in the immediate suspension of a teacher’s credential. The bill amends Education Code Section 44010 to add Penal Code Section 288.2, which relates ...

In June the U.S. Department of Education launched a new website related to student privacy issues. The website serves as the primary source of best-practice tips, technical assistance, and training on the administration of the Family Educational Rights and Privacy Act (FERPA) and other topics related to student privacy. (Access the website at https://studentprivacy.ed.gov/.)

The website replaces the ...

As of January 1, 2017, the California Public Records Act allows public agencies, including school districts to “direct[] a member of the public to the location on the Internet Web site where the public record is posted.” (Gov. Code, § 6253(f).) However, if the requesting party is unable to access or reproduce the online record, the agency must “promptly provide a copy of the public record.” ...

Categories: Legislation

Identifying a need “to step up the pace of improvement” within the California Community College (CCC) system, Chancellor Eloy Ortiz Oakley recently announced the CCC Board of Governors’ adoption of a strategic vision, set forth in a new report titled “Vision for Success.” The report articulates various goals and commitments intended to overcome the challenges facing the CCC system to better ...

Categories: Higher Education

As schools reopen for the new year, many students will arrive with smartphones in their pockets or backpacks, loaded with apps that can create headaches for parents, teachers, and administrators. Some apps, by design, allow kids to hide images and data, and even the existence of the apps themselves. Many apps cost nothing and require no age verification (or verification via a simple check mark). Depending on ...

Starting July 1, 2017, educational institutions in California subject to Title IX must ensure their websites include the specific Title IX information set forth in Education Code section 221.61.  This law applies to schools, charter schools, school districts and County Offices of Education.  The required Title IX information includes: 1) the name and contact information of the institution’s Title IX ...

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