Title IX Sexual Misconduct: Understanding the Process and How Todd Spodek Can Help You
If you’re facing charges of sexual misconduct on your college or university campus, it’s understandable that you probably have many questions, such as what happens next, whether you will have a chance to defend yourself, and what kinds of punishments you might face if found responsible. It’s important to note that sexual misconduct cases can be complex and challenging to navigate since they are generally subject to federal law and procedures dictated by over 550 pages of guidelines. The bottom line is that you’re going to need help.
The good news is that the law allows you to get help. You’re entitled to select an advisor who may include an attorney. Therefore, take the time now to learn all you can about your situation as it should help relieve some anxiety. Then, consider contacting a qualified Title IX attorney like Todd Spodek to work with you in building your defense since this will significantly relieve the rest.
Title IX: Dealing with Sexual Misconduct Cases at Stephen F. Austin State University
Most sexual misconduct cases at Stephen F. Austin State University (SFASU) are dealt with using Title IX guidelines for conducting investigations and adjudications that run for about 550 pages long. However, SFASU’s Title IX policy offers a condensed version detailing the school’s interpretation of those rules which include:
All Title IX cases originate from SFASU’s Title IX Coordinator whose responsibility involves appointing an Investigator.
Under Texas law,
all faculty and staff must report any knowledge they may have of sexual misconduct.
Only a complainant or the Coordinator may sign an official complaint against
If charged, you’re entitled to receive written notice including the name of the complainant and details regarding
allegations alongside information about other critical rights under Title IX.
You have equal treatment rights in all matters compared
to the complainant.
You’re entitled to select an advisor who may be your attorney.
Under Title IX, you hold a presumed status of “not responsible” or innocent until proven “responsible” or guilty.
review all proof against you and get advanced notice of any meetings and proceedings in the case.
Non-biased investigators must undertake
investigations and decision-makers to oversee the proceedings.
At SFASU, the investigator has around 100 days to complete their investigation processes. They then create an unbiased investigative summary where both sides have about ten days to suggest modifications before finalization. The report is sent to the Coordinator, who selects convenes a review panel to determine whether you’re responsible for a Title IX violation using a legal standard known as Preponderance of Evidence. This legal criterion requires them only to find you responsible if they believe it is more likely than not that you committed an offense.
Finally, students have limited rights for appealing the panel’s decision based on procedural irregularity affected state outcomes, new evidence that could have impacted the case outcome, or bias on Title IX official’s part that could have affected state outcome.
Non-Title IX Sexual Misconduct: Understanding how it Works
Formerly all sexual misconduct cases handled were under Title IX umbrella; however, since 2020 when Trump administration revised Title IX guidelines narrowing discrimination and harassment meanings while providing limited schools jurisdictional mandate, leading some sexual misconduct dealt with outside law coverage such as off-campus incidents. Some universities chose to challenge these modifications through lawsuits or stay within their policies by referring these “non-Title IX” violations as violations of the school’s Student Code of Conduct via other university offices appropriately depending on its intensity.
Since non-Title IX cases are not subject to federal laws, educational institutions aren’t obliged to follow specific procedures nor offer particular due process rights giving school management tremendous power over accused students. However, despite this limitation, students at SFASU are entitled to defend themselves during hearing, although with limitations such that advisors cannot participate directly in the proceedings due to their advisory role.
How Can Todd Spodek Help You?
Being accused of sexual misconduct can have dire consequences, including suspensions and expulsion from school. The best course of action is to secure legal representation, specifically a Title IX attorney like Todd Spodek who is knowledgeable and experienced in campus sexual misconduct cases and understands the law’s politics better. A qualified defense attorney like Todd Spodek would help you know your rights, gather evidence for your defense, question any presented accusations or proof against you tactfully during cross-examination proceedings while ensuring that you include all possible grounds while appealing any decisions made against you.
If accused of sexual misconduct in college or university institutions under Title IX or non-Title IX rules at SFASU contact Todd Spodek today by calling 888-555-3686 or use our automated online form since it’s essential not to wait before the matter escalates quickly beyond control.