Aimee Perry, Attorney, Lozano Smith – This presentation will focus on the nuts and bolts of student discipline as it relates to students and sexual battery/assault. Specifically, this presentation will focus on whether/when a student can commit an act of sexual battery/assault as defined under the Education and Penal Codes as well as to whether the victim was capable of “consenting” to the alleged conduct and whether a CPS report is required. This presentation will also focus on any new and developing rules, cases and/or guidance, including a new rule(s) from the U. S Department of Education regarding Title IX.