Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Due Process
California Supreme Court To Decide Case On Disciplinary Process Owed To Students
On September 16, 2020, the California Supreme Court granted review of Boermeester v. Carry, a case involving the expulsion of student Matthew Boermeester from the University of Southern California (“USC”) for intimate partner violence in violation of USC policy after an investigation and a hearing. The California Supreme Court’s review of the case is…
Allegations of Sexual Misconduct, Student Discipline on Campus, and Due Process: Keeping Up with Rapidly Evolving Interpretations of State and Federal Laws
This blog was authored by Alysha Stein-Manes.
The manner in which institutions of higher education must address sexual assault in the educational context continues to evolve as both the federal government and courts weigh in on what procedures public and private colleges and universities must follow in order to comply with both Title IX…
To Be or Not to Be an Adverse Employment Action – What is Paid Administrative Leave?
This post appeared in November 2017. It was reviewed in August 2022 to provide the most up-to-date legal information.
This principle used to be clear – paid administrative leave was outside the scope of adverse employment action. This was based on court holdings that an employee suffers no substantial or material change in terms and…
For Better or Worse: Ten Years of the Firefighters Procedural Bill of Rights Act
In 2007, the Firefighters Procedural Bill of Rights Act (FBOR) was enacted after several years of unsuccessful attempts to pass similar legislation. Although the FBOR is modeled after the longstanding Public Safety Officers Procedural Bill of Rights Act (POBR) [Gov. Code, §§ 3300 et seq.], that statutory scheme, which was originally intended for peace officers,…
Sexual Misconduct On Campus – Lessons From Due Process Litigation
One of the most contentious issues in higher education continues to be how to punish and deter student-to-student sexual assault, protect students and assault survivors, and at the same time fully honor the legal rights of all concerned. Title IX of the Education Amendments of 1972 prohibits institutions of higher education from discriminating “on the…