How a Title IX Lawyer Can Help Your School Discipline Sexual Assault Allegations

May 31

When students or staff are accused, universities must conduct an investigation that is often complex. Hearings and sanction panels are involved. Sanctions can range from expulsion to loss of student housing.

A Title IX Lawyer will protect your due process rights throughout the investigation and hearing stages. They will document any bias and improper procedure, and ensure that your arguments are documented if needed.

Due Process

As part of their Title IX compliance, colleges and universities must have systems to investigate allegations of sexual assault and other sex-related misconduct. These investigations may lead to disciplinary proceedings that can have a major impact on a respondent.

During an investigation, schools might implement interim protection measures for the alleged victim. A no contact order can be issued to prevent the accused student communicating with complainant. Such orders can interfere with a student’s participation in social clubs, fraternities and sororities, or even their classes.

It is important that you have an experienced attorney present during the investigation to protect your rights. This includes making sure that the investigator does not have a bias. A school hired investigator is more biased than an officer of the law because their job is dependent on them. A competent Title IX lawyer can challenge the credibility of an investigator by pointing out inconsistencies or other factors.

Bias

Our Title IX Lawyer Normal defends students who are accused sexual assault or of discrimination in schools. We act as a communication middleman (ensuring statements that could weaken your defense are not made to the wrong parties) and an aggressive advocate at every step of your school's complex disciplinary investigation and hearing procedures.

Title IX hearings use a preponderance standard. This is different from the criminal justice process, where a defendant can be presumed innocent until proven guilt. This means that university panelists often believe that you have committed the violation, which puts you in a serious disadvantage.

In some cases, an investigation by a college's disciplinary committee can ruin a student's entire life, from their academic career to their future employment prospects. It can also damage their reputation and lead to an unfair dismissal from their school. We strive to create a strong, compelling defense right from the start.

Interim Measures

During the investigation into a Title IX complaint schools are required by law to offer supportive actions. These are non-disciplinary, individualized services that can be offered without charge or fee to either complainants or respondents. These can be things like changing class schedules, or altering the housing arrangements.

These measures are meant to keep students safe while they're going through the Title IX process. They can prevent prohibited behavior, such as harassment or violence, from occurring again. The university can limit contact between the victim and their attacker as well as restricting campus facilities.

A Title IX defence lawyer can provide their client with the best options when it comes to protective measures. They can also help their clients understand what to expect during the investigation. All parties must be accompanied by an advisor during hearings to help them with the questions asked by the decision maker. This is to protect both the rights of the parties, and to ensure an impartial and fair hearing.

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Both complainants and respondents at many schools have the right to appeal Title IX results. This process requires gathering information and presenting it to an impartial panel. This information can include documents, videos, photographs, emails, texts, and witness statements.

Title IX hearings, unlike criminal proceedings that require "beyond any reasonable doubt," require evidence to be more likely to be true. This can lead to a harsher outcome for the accused especially if they are not offered basic due-process protections.

A skilled Title IX defense lawyer can help you prepare a strong case. They can also act in a middleman role when communicating with investigators so that you do not say anything that might be used against you. They can also question the credibility of an accuser by pointing out inconsistencies. If the hearing does not go well, your attorney can help you file a civil Title IX case against the school.