Our Proposal: “Student Right to Counsel and Care in Title IX Act"

Amend California Code, Education Code - EDC § 66281.8 to allow for students to have access to both a support person AND an advisor throughout Title IX proceedings, rather than forcing students to choose between legal advice and emotional support.

What it means: Under California state law and Federal Title IX regulations, colleges are only required to let one person accompany students in Title IX proceedings: a support person or an advisor. As a result, the majority of institutions of higher education in California restrict students to one or the other. An advisor is typically someone who can provide legal support, while a support person is often a family member, friend or trauma-informed advocate. These are drastically different roles. However, we currently force survivors to make an impossible choice between legal counsel and emotional support. The solution is simple: let them have both. The UC system already has these measures in place, so it is time for all institutions of higher education in California to allow for these better supportive measures to take place.

The cost: 0$.

Why it matters: Nearly one in four undergraduate women and gender-nonconforming students will experience sexual violence during their time on campus. However, according to a report by the Association of American Universities, only 3% of students who experienced sexual violence or harassment contacted their Title IX office. Why are so few students being heard despite high rates of sexual violence?

One explanation for a lack of reporting is that students often avoid the Title IX system due to the process itself being retraumatizing. It can be unbearable to make survivors relive the worst moments of their lives in a setting that offers little emotional protection. Research from RAINN shows that survivors of sexual violence face elevated risks of PTSD, depression, anxiety, sleep disorders, and self-harm long after an assault. We should give survivors access to the care they deserve throughout the Title IX process, and we can start to do that through this proposal. We are grateful to Prof. Michele Dauber and our advising attorney Ahmed Mostafa for their guidance and support in this work. Please reach out to us if you would like to get involved!