A Title IX Lawyer Can Help College Students Alleviate Sexual Assault Allegations

If you are a student facing sexual assault allegations, you will need a Title IX Lawyer. Our firm has represented numerous students accused of sexual misconduct on campus.

Public and private colleges, vocational schools, occupational programs and high schools that receive federal financial assistance must investigate reports of sexual harassment. The consequences of such accusations can tarnish one’s reputation and career for years.

Due Process

A Title IX lawyer can ensure your due process rights are protected during the investigation and adjudication of a sexual assault claim. Many lawsuits have portrayed collegiate systems as rushing to judgment on accused male students and denying them their fundamental due process rights.

Your attorney will make sure that you have an advisor of your choice present at all meetings and investigations. They will also help you find witnesses and corroborating evidence to prepare your statement for any interviews or hearings. They will protect your right to confront your accuser at a hearing and will help you avoid any actions that could be considered retaliation.

Your attorney can also defend your right to have a decision reached by a jury of peers, not just by Title IX staff who often feel pressured to rack up high numbers of cases closed in favor of the complainant. They can also challenge the accuracy of a fact finding report or investigation by the school.

Interim Measures

Unlike Title VI and VII, which require recipients to ensure that their programs are accessible to all persons wishing to participate, Title IX only requires recipients to prevent sex discrimination in education programs and activities. Because of this, a sex discrimination violation may occur even when federal aid is not being extended to any educational program or activity directly.

Consequently, it is important for Title IX lawyers to understand the importance of establishing what constitutes an education program in order to ensure that appropriate interim measures are applied when a student has been impacted by a sex discriminatory policy or action. For example, in Jeldness v. Pearce, the Ninth Circuit established that whether a military school’s male-only admissions policy was covered by Title IX required a fact-specific inquiry into whether various components of the school’s operation were educational in nature.

In some instances, a university will rely on assurances from third parties, such as donors of real property. These assurances generally obligate the recipient and any subsequent transferee to comply with Title IX if that third party’s use of the property is in any way related to an education program or activity.

Punishment

While schools have a duty to investigate and take action on reports of sexual misconduct, this process is often biased in favor of the complainant. This can put the accused at a disadvantage in the disciplinary hearing and can impact their future opportunities.

Title IX investigations and hearings work with a “preponderance of evidence” standard, which is less rigorous than the criminal justice system’s “beyond a reasonable doubt” standard. This creates a greater burden on the accused and is why it is crucial to have a tenacious attorney fighting for you in your defense.

You should never talk to others about your case while it is under investigation, as these conversations could be used as evidence against you in the hearing or trial. Additionally, be careful of what you post on social media or share via text as these could also be used against you in the trial. A good Title IX lawyer can help you collect and preserve as much evidence as possible in your defense.

Appeals

Originally passed as part of an effort to make sure that men and women had equal access to facilities, Title IX now requires schools to investigate reports of sexual violence. Almost all public and private universities that receive federal funds must have some form of disciplinary hearing mechanism to address these complaints.

Many schools allow both the accuser and respondent to file an appeal of the original decision. Our Title IX Lawyer Mesa are experts in identifying flaws in the hearing process and in crafting compelling appeal briefs. Appeals often result in course final grade changes, significant tuition refunds and monetary awards, reinstatement of student perpetrators and their removal from fraternities, sororities, and other campus organizations, policy changes, and more.

A finding of responsibility in a Title IX case can have devastating effects on your future education and career prospects for years to come. We prioritize our clients’ futures and their rights when defending them against these allegations.

 

 

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