Title IX, together with the Equal Protection Clause of Civil Rights Act of 1965, is a federal statute that prohibits discrimination on the basis of gender, race or religion, color or national origin, sex, or national origin in educational programs or activities run by schools or colleges or universities or other entities receiving federal financial aid. This includes school-sponsored athletic events and programs, which are the focus of many high-profile cases of sexual harassment or assault.
Anyone can file Title IX complaints of sexual harassment, violence or other types sex-based bias. Title IX proceedings do not allow for an attorney to be present during questioning. This is different from criminal cases where the accused can have a lawyer present. Title IX Lawyer Dekalb will be able help you navigate the process and protect your rights.
In most Title IX investigations, the first thing that happens is an interview of both the accuser and accused. You should not incriminate yourself during this interview and you should keep silent unless you’re asked to by the investigator. You have the rights to a fair hearing and an impartial jury, as well as to be presumed guilty until proven innocent.
The investigator must then review the evidence available, including any statements made by either party or documentation. The investigator will then write a report to determine if a Title IX violation occurred. If the investigation leads to a conclusion that an individual violated Title IX, the school will impose sanctions. The school can impose sanctions against the individual, such as expulsion or suspension. It may also result in loss of academic credit or employment opportunities. If you are found responsible for a Title IX violation, you will have the opportunity to appeal the school’s decision.
Title IX hearings typically operate under a preponderance of the evidence standard, which means that a university panel will need to find that the accused individual is more likely than not to have committed a violation before imposing sanctions. This is different from the criminal justice, which has a higher burden known as “beyond reasonable doubt.”
Your Title IX Attorney will work to build up a strong case on your behalf during the hearing process. They will highlight any inconsistencies with the accuser’s story, and point out other factors which may question their credibility. He or she will also communicate with the school’s Title IX office on your behalf and ensure that you have a complete picture of the entire situation before the hearing.
It is common for schools to retaliate towards students who have filed Title IX complaints. However, this is illegal. Your lawyer will guide you through this potential minefield. It is possible to file a lawsuit against your school. The lawsuit may seek changes in Title IX processes, as well as monetary compensation if you have been harmed by their mishandling of the case.