A Title IX Lawyer Can Help Schools Protect Students Accused of Sexual Harassment

Schools that receive federal funding are mandated to act on any accusation of sexual misconduct or harassment. Unfortunately, school processes often fail to provide adequate protections for students accused of these offenses.

If you find yourself facing a Title IX investigation, having the right legal guidance can help you protect your rights and your future. A tenacious attorney can help you build a strong defense.

Due process

The federal Title IX law protects all students, faculty, and staff at educational institutions from sexual harassment and assault. When a complaint is filed, schools must conduct an investigation and hold disciplinary hearings. Sanctions can range from a suspension or expulsion to loss of scholarships and other financial assistance. These penalties can have long-lasting consequences on a student’s academic and professional future, including difficulty finding another school to attend or even employment opportunities.

During the disciplinary process, a school panel will usually assign an investigator to the case who will start compiling evidence and conducting interviews with witnesses. Often, the investigator will also interview the complainant and respondent separately at an initial intake meeting. Our attorneys have experience in Title IX investigations and hearings, and will make sure that your rights are protected at every step of the process.

Evidence

Unlike criminal cases where the burden of proof is beyond a reasonable doubt, Title IX investigations often operate with a lower standard of proof, known as the preponderance of evidence. This makes it easy for an accused person to be found in violation, especially considering that we live in a culture that all too frequently believes the accuser rather than the accused individual.

A competent Title IX defense lawyer can help protect your rights throughout the process by ensuring that you are provided with all relevant evidence and that the school does not attempt to conceal any evidence in violation of your rights. This can include interviewing witnesses, collecting physical evidence, and obtaining documentation such as text messages or emails.

Even if you are found not responsible for an allegation, your Title IX Lawyer Tempe can assist in preparing for any accuser’s appeal to prevent you from being put in "double jeopardy" and having the charges reinstated or punished more severely.

Appeals

When a school receives a complaint, it must investigate and respond to the claim. This involves a process of interviews, investigations, and hearings that can result in sanctions against students like loss of student housing, removal from classes, and expulsion from the school. The penalties can affect the trajectory of a student’s life including admission to graduate schools and professional jobs.

The disciplinary process is often complex and arduous for both the complainant and accused. Regardless of the outcome, you have a right to appeal the decision and we can help. We can review the school’s appeal procedures to ensure they meet current regulatory guidelines and your right to due process is respected. We can also raise issues about bias of the Title IX coordinator, investigator or hearing officer and argue that you were denied your fundamental rights to defend yourself at the hearing. The window to file an appeal is short, usually only 72 hours from the date of the Decision Maker’s Written Determination.

Litigation

When a student is accused of violating their school’s Code of Conduct with respect to sex, they are often subjected to lengthy and complex disciplinary proceedings. These can include investigations, hearings and sanction boards that are comprised of students, faculty members and administrators. If these processes are not handled properly, they can have lasting repercussions on the life of a student including a loss of scholarship or even a lifetime ban from campus.

Title IX law requires schools that receive federal funding to investigate sexual harassment or assault allegations. In addition, students may file a civil suit for recovery under this statute.

It is crucial that your Long Island Title IX defense lawyer protects your rights throughout these proceedings by serving as a communication middleman so that statements that could undermine your case are not made and ensuring that you have access to evidence and witness testimony. She will also challenge every step of the investigation and hearing process to bring bias and procedural errors to light.

 

 

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