How a Title IX Lawyer Can Help All Students Facing Sexual Offense Allegations on College Campuses
Students facing Title IX sex offense allegations are promised certain protections during the school’s investigation. A skilled attorney-advisor can make sure that these promises are kept throughout the proceedings.
It’s also important to collect any evidence that supports your side of the story. This may include text messages, voice recordings and contact information for witnesses.
Public and private colleges, vocational schools and trade programs that receive federal financial aid must comply with Title IX. That means that any student or employee can file a claim against a school for sexual assault, harassment and discrimination.
The investigation process can be confusing, especially for students who may not know their rights or have never experienced the complaint process at a university before. Investigators are typically students or employees of the institution and they have a duty to ensure that all evidence is evaluated fairly.
However, they are not always able to do so without bias or conflict of interest. Investigators may also make decisions based on gut feelings or implicit biases.
Furthermore, disciplinary hearings operate on a preponderance of the evidence standard, rather than the beyond a reasonable doubt standard of criminal law. This means that a single allegation can have a devastating impact on your life. A lawyer can help you fight for your due process rights.
Title IX is widely known as a law that provides protections against sexual assault and harassment on college campuses. However, the law is much more complex than that, and it covers other categories of discrimination as well.
During Title IX investigations, schools often try to move through hearings and resolutions quickly. This can result in the loss of exculpatory information. Additionally, it can put the respondent at a disadvantage by not giving them time to prepare for an investigation and hearing.
Furthermore, school-hired investigators may be biased against students. Since their employer’s funding is at stake, they may be influenced to overlook critical details or even mishandle evidence. An experienced Title IX Lawyer Mesa could help clients gather and present the most accurate and compelling evidence possible. A strong defense could also help clients avoid criminal charges and keep their education and career on track. The sooner a skilled Title IX attorney is engaged, the better.
During the hearing process, your attorney will work with you to collect evidence and prepare witnesses. They will also serve as a communication middleman so that you do not say anything that could be used against you by the investigator.
Your attorney will ensure that federal due process standards are followed at each step of the investigation and hearing. This includes ensuring that all procedures are followed for the pre-hearing interview, hearing, and any appeals. They will also review school policies to understand what protections are guaranteed and how they can apply them to your case.
The repercussions of a Title IX allegation can have a lasting impact on your life. You may lose a scholarship, or have your degree withheld, and you could suffer from the stigma of being found responsible for a policy violation on campus. This can affect your ability to enroll in other schools or find a job. Our attorneys will help you prepare for any repercussions and fight them in court if necessary.
Despite suggestions that Title IX might be reinterpreted or even repealed under the current administration, schools are still required to investigate any allegations of sexual misconduct and assault on campus. These claims, if found to be true, can have devastating consequences for students. They can lose their housing, face expulsion and have to find a new school that will accept them. They can also lose financial aid and athletic scholarships.
When a student is accused of sexual assault or other forms of discrimination, they should hire a Title IX defense attorney as soon as possible. This will allow them to begin gathering evidence, including texts and other correspondence. They can also start to challenge the credibility of their accuser and show inconsistencies in her story. They can also challenge the process, including whether it was conducted properly or not. This is a complex process and it’s crucial to have a lawyer by your side to help you navigate it.