Why You Need a Title IX Lawyer For Help

Whether you’re a complainant or a respondent, Title IX allegations can have severe and long-lasting consequences. They can tarnish an accused’s reputation and impact future educational and career opportunities.

Moreover, schools can impose sanctions that are far-reaching and even affect a student’s eligibility for financial aid or athletic scholarships. A skilled Title IX Lawyer Flagstaff can help you navigate the complex disciplinary process.

Title IX

The federal law known as Title IX prohibits discrimination based on a person's sex. It applies to educational operations financed with federal funds. This includes forestry workshops sponsored by state parks receiving Department of Interior funding; courses on starting a business sponsored by local government departments receiving Small Business Administration funding; and even state-run programs that train individuals for the military or merchant marine.

Any negative action relating to an investigation of a Title IX complaint could be considered retaliatory, including changes to the person's studies, accommodations made for that person's disability or religious beliefs, and attitudes taken toward that person by others. It also applies to employment decisions.

You may need to refrain from discussing the matter with anyone while the investigation is in process. The investigator could turn those conversations into witnesses that can testify against you and make your case stronger against you.

Investigative Process

Under Title IX, anyone can file a complaint against a school that receives federal funds. This applies to public and private colleges, occupational or trade schools, high, middle, or elementary schools.

Colleges must conduct an investigation after receiving a formal complaint. They must also provide investigators, respondents, and advisors an opportunity to review evidence that the investigation gathered. This includes inculpatory and exculpatory information. Investigators must also allow parties to have an advisor, like a lawyer, present during investigatory interviews and proceedings.

If a school tries to skew the results of an investigation, you may be able to file an administrative complaint or a civil suit. A dedicated Title IX violation attorney can help you decide which course of action is best for your situation.

Advisory Representation

A skilled attorney-advisor will be familiar with the disciplinary procedures at your school as well as federal and state laws, rules, and regulations. They will understand that a disciplinary hearing is an opportunity to present your best case and defend you against the allegations of sexual misconduct.

In Title IX cases, schools are required to conduct investigations and proceedings on complaints of sexual assault or harassment based on evidence presented by both sides. Unlike the criminal justice system, where a defendant is presumed innocent until proven guilty beyond reasonable doubt, the standard in a Title IX proceeding is preponderance of the evidence.

The right lawyer can ensure that your rights are upheld at every step of the process and can prevent retaliation. A knowledgeable Title IX attorney can also help you negotiate informal resolutions to your disciplinary case as a way to avoid harsher penalties.

Interim Measures

In the interim, a college may implement a variety of “no contact” orders between the complainant and alleged perpetrator in cases where they might interact in daily life. The school can also alter student housing arrangements and class schedules.

Students who find themselves on opposite sides of a Title IX case can harbor resentment towards one another, especially if they’re members of the same social circle or classes. As a result, no-contact orders can often be breached by both parties trying to reach out to one another, even through third parties.

During the hearing process, each party is permitted an advisor of their choosing for the limited purpose of conducting cross-examination. The advisor may be an attorney. The University maintains a list of advisers that is available if either party cannot identify an advisor on their own.

Litigation

Although it is common to see the media focused on sexual assault and harassment cases involving college students, Title IX protections are wider than many people realize. If a school disciplinary proceeding is about more than just sex-based allegations, it can violate Title IX laws.

A New York Title IX lawyer can help you navigate these proceedings and make sure that all evidence is thoroughly analyzed. This is especially important since investigators are often hired by the university itself and may be motivated to ignore biases in favor of funding.

Our lawyers have extensive experience in sex-based discrimination and the legal framework of Title IX. Our impact litigation secured the right to single-sex bathrooms for transgender students and helped make universities responsible for investigating reports of sexual violence at fraternities.

 

 

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