Under Title IX, higher education institutions should investigate any sexual assault allegation that happens on campus. While such investigations may feel criminal in nature, they are usually carried out by campus administrators. Sometimes, schools may hire a third party to investigate sex-crime-related allegations. The investigator must decide whether or not they think the policies of the school that prohibits sexual misconduct have been violated. Sometimes, investigators may recommend a punishment should they find the accused responsible for violating the policies of the school.
If you are facing a Title IX investigation, you must hire a Title IX attorney to defend you. A great attorney will do everything to protect your rights and education. You can find a great attorney at studentdisciplinedefense.com. Your lawyer will serve as your advisor and guide you during the investigation.
Understanding Title IX Laws and Regulations
Title IX is a federal law that makes it illegal for higher education institutions to discriminate against students based on sex. The law applies to colleges and universities that get federal funding. These days, a lot of schools use Title IX to penalize students accused of on-campus sex crimes as a way to protect other students from sex-based discrimination. Due to fear of losing federal funding if they fail to stop and penalize on-campus sexual misconduct, school administrators are forced to penalize the accused, regardless of the facts of their case. Thus, the accused is often put in an unjust situation from the get-go. Because of this, they should team up with an experienced attorney to rebalance matters.
What to Expect During a Title IX Investigation?
If you are facing an investigation for allegedly committing sex crimes on campus, you need to act right away to defend yourself. Your school has established policies to carry out the investigation as quickly as possible. During the investigation, the investigator may interview you, the complainant, and some witnesses. They will gather evidence and share information with the police. Some schools may not hold a hearing where you can comfort your accuser and cross-examine them. Thus, you must be able to provide the investigator with your versions of events.
Possible Penalties You May Face
During the investigation, the investigator will provide you with the opportunity to tell your side of the story. This same opportunity will be given to the person who accused you. Should you be found responsible for violating a policy of your school, you can get evicted from your dormitory, eliminated from certain classes, suspended, or expelled. But you can prevent such penalties if you can convince the investigator of your innocence.
Do You Need a Lawyer?
If you are facing charges for violating Title IX, you can be liable for severe consequences like losing scholarships, expulsion, and a permanent record of disciplinary action. Also, the charge can affect your future opportunities including your professional work and graduate school admission. An experienced lawyer can help you avoid this outcome and get the right relief.
Once you hire an attorney, they can help you understand the Title IX process, your legal rights, and your school’s policies. They can determine the kind of information and evidence you can use for supporting your narrative. A great lawyer can craft arguments for rebutting any claims or presumptions made by your accuser. You can count on them in terms of helping you communicate and interact with Title IX investigators. After doing their own investigation, your attorney can identify when the acts of your school violated its policies or your rights under Title IX. Then, they can take proper legal action for you.
Additionally, should you also face criminal charges for sexual harassment or assault, your lawyer can advise you about your criminal defense and Title IX hearing. A reliable attorney thinks that schools should not deny students their legal protections and rights in disciplinary hearings.
If you do not have proper legal representation, you can get overly harsh consequences as a result of biased disciplinary findings. The right lawyer to work with has experience with Title IX actions and understands how the college disciplinary process works.
Common Issues Title IX Lawyers Handle
Title lawyers work diligently to protect the rights of students accused of violating Title IX. Because of the extensiveness of these rights, you need a lawyer who is knowledgeable about higher education law. The following are common issues that can arise under Title IX:
- Sexual assault and violence. If you were accused of sexual assault and violence, your school must uphold your rights and make sure you are given a fair process, which means you can meaningfully defend yourself while you are presumed innocent. You need a Title IX lawyer who understands your rights and can effectively defend you against the allegations you are facing.
- Sexual harassment. Under Title IX, you should also be provided with due process rights before you can be found responsible for violating federal law. Sexual harassment is a serious charge, so you should not compromise your education and future profession by not hiring the right attorney.
- Stalking. If you are wrongly accused of stalking, you must hire a lawyer who has a deep understanding of the ins and outs of Title IX. The right attorney will focus only on protecting you.
- Title IX retaliation. Title IX prohibits schools or students from retaliating against a person for bringing sexual harassment or discrimination claims. Also, it is illegal to retaliate against students accused of sex crimes. If you are the accused, you must contact a Title IX lawyer to help assess your claim.
- Intimate partner violence. This kind of charge can damage your life and reputation for many years and can lead to different academic and legal consequences. If you are accused of intimate partner violence, you need a lawyer who can aggressively defend you against your accuser. Your attorney will conduct a thorough investigation of the charges you are facing and build a strong defense strategy. With the help of a good lawyer, you can be granted a fair hearing.
