What Does a Title IX Lawyer Do

Title IX Lawyer Phoenix is a lawyer that specializes in representing students accused of misconduct in student disciplinary proceedings. It is widely accepted that gender equality in schools is important for society.

A good Long Island Title IX Attorney will review the university’s investigation and disciplinary policies and procedures to identify any bias or procedural errors. This is an essential step to bringing a successful lawsuit against the school.

Due process

While schools have a duty to investigate allegations of sexual assault and discrimination, it is important that they do so fairly. Unfortunately, this does not always happen.

Students (known as “respondents”) accused of violating a school’s Title IX policies can be subjected to investigations, disciplinary hearings, and even criminal prosecutions. These processes can tarnish a student’s reputation and ruin their future career prospects.

A Title IX defense lawyer can help protect the rights of accused students by ensuring that their college follows federal guidelines during the investigation and hearing process. This may include a right to cross-examine witnesses, which can be an effective way to test the credibility of complainants and their evidence.

Additionally, the hearing procedure itself must be fair and impartial. The burden of proof is different from the criminal justice system, where the standard is beyond a reasonable doubt, and instead schools must prove the alleged violation happened by a preponderance of evidence.

Investigations

All public and most private universities, vocational schools, trade schools, and elementary, middle, and high schools that receive federal financial assistance must comply with Title IX guidelines. These guidelines include protections against sexual assault, harassment, and discrimination, as well as a procedure for investigating and adjudicating those claims. Those accused of a violation must undergo a disciplinary process and face serious consequences if found guilty, including suspension or expulsion from the school, loss of academic scholarships, and being denied entrance to other schools and professional opportunities.

Unfortunately, despite the guidelines of Title IX, many disciplinary hearings in college involving allegations of sexual misconduct are unfairly conducted. These cases are handled internally by the university, and unlike the criminal justice system, they operate on a preponderance of evidence standard. This can lead to investigator bias, as the university’s funding is on the line and it may be in the best interests of the institution to find the accused guilty.

Hearings

When a college conducts a hearing to investigate sexual assault, harassment, or other serious allegations of sex crimes, students should be prepared for the process. Your attorney can make sure your rights are protected and that the college follows federal guidelines. He or she can also use his or her trial experience to prepare you for questions from witnesses, and the opportunity to cross-examine them.

In most cases, the hearing will take place on campus. However, it can be off campus if the parties have agreed to that arrangement. Hearings are recorded on audiotape or videotape and may be transcribed by a court reporter. The parties and their process support persons are required to sign an agreement not to disseminate or otherwise use testimony heard at a Title IX hearing.

At a hearing, you will be asked extremely personal and broad questions by investigators. A skilled Title IX defense lawyer can help you craft a strong response.

Appeals

Although schools are required by law to investigate sexual misconduct allegations, the procedures they follow often leave the accused student at a disadvantage. Unlike the standard in criminal cases, which is beyond a reasonable doubt, Title IX hearings operate under the preponderance of evidence rule. This means that university panels can punish students even if they believe that the accused student is more likely than not to have committed the offence.

Moreover, schools may restrict parties from communicating with each other during the process. This can taint an accused student’s reputation and limit future educational and employment opportunities. If an accusation is found to be false, the accused can file a civil lawsuit for damages.

Our firm protects the rights of college and university students facing Title IX allegations. We understand all the laws, regulations and policies that govern these proceedings as well as the individual school’s disciplinary procedures. We will also work to ensure that both the accused and complainant receive adequate protections during these investigations and hearings.

 

 

  

Additional Resources: