Defending Against Title IX Accusations: Why You Need a Qualified Attorney

A Title IX accusation is no minor matter. It’s a serious legal issue that can have a devastating impact on your academic career and your future. You might think that because the accusation is coming from your school, you don’t have to worry about it. But that couldn’t be further from the truth. Title IX is a federal law, and in today’s political climate, a mere accusation can lead to suspension or expulsion.

Defending yourself in such a case is not an easy task. Most schools tend to side with the accuser, even if that means denying the accused fundamental due process rights. Even if they treat you fairly under the law, the procedures themselves can be daunting for even legal experts to follow. However, there’s one right your school cannot deny you: the right to an advisor. And even better, the law says you can select an attorney to serve as your advisor.

It’s essential to note that not just any attorney will do. You need someone who understands Title IX and has extensive experience defending students from allegations. Someone like Attorney Todd Spodek, the founder of Spodek Law Group.

Understanding Title IX Procedures

If you’re facing a Title IX accusation, it’s critical to understand the procedures involved. Current government guidelines for how schools should handle Title IX cases run to over 550 single-spaced pages. Here’s a partial list of what those pages have to say:

• • Your school must have a Title IX Coordinator. This person receives all complaints and decides whether or not to open an investigation.
  • The Coordinator must inform you in writing if you’re being investigated. This notice tells you the name of the complainant (your accuser) and the critical details of the allegation.
  • You have several important rights. Among these, you have the right to an advisor, the right to be presumed not responsible (innocent), and the right to review all evidence against you.
  • Coordinators appoint an Investigator to look into all cases. This person separately interviews both you and the complaint. They’ll also track down witnesses and gather any physical evidence.
  • Your school should have a time limit for how long an investigation can last. At the conclusion of the investigation, the Investigator writes a detailed summary of their findings.
  • Both you and the complainant have ten days to suggest revisions to the Investigative Summary.
  • All college students have the right to defend themselves at a live hearing. Some high schools also hold hearings into Title IX allegations, but they are not required to do so.
  • The Coordinator will set a time and date for the hearing and appoint one or more Decision Makers to oversee the proceedings.
  • Hearings must be held live, but either side may request accommodations, like privacy screens or closed-circuit video.
  • At the hearing, you’ll present evidence and call witnesses to help prove your innocence. The complainant will also have a chance to present their case. You may also cross-examine each other and witnesses against you. However, only advisors may actually ask the questions.
  • The Decision Maker(s) decides the case based on a legal standard known as “preponderance of evidence.” Less strict than “beyond a reasonable doubt,” this standard requires Decision Makers find you responsible if they believe it is “more likely than not” that you committed an offense.
  • If you are found responsible, you can appeal this decision, but only under very limited circumstances, such as the discovery of new evidence or the demonstration of procedural mistakes. It’s worth noting, though, that the complainant can appeal a not-responsible finding.

It’s clear from this list that Title IX entitles you to several important due process protections, such as the right to an advisor and the right to review the evidence against you. However, having a right doesn’t necessarily mean you know how to use it effectively. Only an experienced Title IX attorney, like Todd Spodek of Spodek Law Group, has the knowledge and skills to help you take advantage of all your rights while avoiding any missteps.

Why Choose an Attorney as Your Advisor?

While you don’t necessarily need a Title IX attorney to serve as your advisor, hiring one can give you the best chance of successfully defending yourself. Here are a few reasons why:

• • • Title IX is a complex law with a plethora of confusing rules, and only someone who has studied the law will know how to use these to your advantage. Todd Spodek, founder of Spodek Law Group, has extensive experience handling Title IX cases and can help you navigate the intricacies of the law.
    • Your case won’t be tried in a court of law but will likely take place in a basement seminar room, with a combination of faculty and students deciding your case instead of seasoned judges and juries. However, Title IX attorneys are comfortable trying cases on campus and can use this to your advantage.
    • Title IX cases involve unique concepts like “consent” and “preponderance of evidence,” which require a deep understanding of the law. Todd Spodek and his team at Spodek Law Group understand these issues and can craft a defense strategy that takes them into account.

Choose the Right Attorney for Your Title IX Case

When choosing an attorney to represent you in a Title IX case, it’s essential to find the most qualified attorney available. Here are three simple questions to ask when making your decision:

• • 1. How many Title IX cases have they dealt with?
    2. What is their success rate with Title IX cases?
    3. What specific strategies will they use to handle your case?

Spodek Law Group, led by Attorney Todd Spodek, has extensive experience handling Title IX cases and a proven track record of success. They know how to develop a defense strategy that works and can provide you with the guidance and support you need to fight back against a Title IX accusation.

Contact Spodek Law Group Today

If you or your child is facing a Title IX sexual misconduct accusation in Nebraska, don’t wait to seek legal help. Contact Spodek Law Group today to schedule a consultation with Attorney Todd Spodek. You can call their office at 888-555-3686 or use their automated online form to get in touch. With the right attorney on your side, you can protect your reputation and reclaim your academic career.