AB 1575 Adds Section 66283 to the Education Code Regarding Public Postsecondary Education Student Advisers for Disciplinary Actions

11.18.2024

On September 28, 2024, Governor Newsom signed Assembly Bill (“AB”) 1575 into law, adding Section 66283 to the Education Code. Effective January 1, 2025, known as “Katie Meyer’s Law,” AB 1575 requires public California colleges and universities to adopt a policy that allows a student who is subject to a disciplinary action to be assisted by an adviser of their choice.  AB 1575 was initiated to ensure advisers are available to students who face any type of disciplinary procedure on campus.

Under both state and federal law, students involved in a sex-discrimination complaint, including sex-based harassment complaint, filed pursuant to Title IX of the Education Amendments of 1972 (“Title IX”) have advisors available to them throughout the Title IX grievance process.  However, these advisers are only available after a complaint is filed.  Additionally, Education Code section 67385 provides for the existence of counselors for sexual assault and domestic violence complaints, but it is unclear whether their services can be provided to students, faculty, and staff who face disciplinary sanctions.

Effective January 1, 2025, AB 1575 requires all California public postsecondary educational institutions to adopt a policy permitting a student to be assisted by an adviser if the student receives a notification of an alleged violation of the student code of conduct. Specifically, the policy must require that an initial allegation letter sent to a student includes a clause informing the student of their right to select an adviser of their choice or to request the public postsecondary educational institution provide an adviser to the student. To fulfill its obligation to provide an adviser to the student, a public postsecondary educational institution may use a confidential respondent services coordinator, an agreement with a student-based peer support program, or an agreement with an alumni-based support program.  Moreover, the policy must state that a selected advisor will be provided training by the postsecondary institution on its adjudication procedures for the alleged violation.  This training does not need to be offered in-person, as an online training will satisfy a postsecondary institution’s obligation under the new law.

The policy must also state that an adviser, with written permission from the student, will receive updates along with the student during the adjudication process and will be allowed to participate in the process as an advocate for the student as authorized by specified state law and Title IX.

If you have any questions regarding AB 1575, please contact your AALRR attorney or the authors of this Alert.

Special thank you to Samantha Fidel, SCELPG law clerk, for her contribution to the alert.

This AALRR publication is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process.

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