Title: Accused of Sexual Misconduct? Get a Title IX Attorney to Help Defend Your Rights
If you or someone you know has been accused of sexual misconduct by your college or university, you need to understand how serious the situation is. These allegations aren’t just subject to school policy, as federal law demands that all credible accusations be investigated and adjudicated according to specific guidelines. If found guilty (responsible), the minimum penalty is suspension, but most cases result in expulsion.
In a situation as serious as this, it’s crucial to empower yourself with knowledge and prepare for what lies ahead. This means learning about your rights, understanding how the investigation will unfold, and getting acquainted with the rules that govern hearings in these cases.
Trying to handle such complex cases alone can be overwhelming and even detrimental. Sexual misconduct falls under federal law, and thus demands for expertise in this area. What you need is a reliable Title IX attorney like Todd Spodek.
Title IX and Sexual Misconduct at Maryville University of Saint Louis
If you’re facing accusations of misconduct at Maryville University of Saint Louis or any educational institution in America, chances are they’ll handle your case using Title IX law.
Title IX law initially passed in 1972 mainly prohibits sexual discrimination and harassment in federally-funded education institutions like colleges and universities. The law sets specific guidelines detailing how investigations should occur.
The full description of how Maryville University implements Title IX Law on its Sexual Harassment Policy gives insights into what students accused of sexual misconduct may face during investigations. Here are some basics:
A Title IX Coordinator directs most aspects of investigations involving alleged sexual misconduct by students
Any formal charges begin with the Title IX Coordinator or the complainant (alleged victim)
If an accused student faces investigation, they’re entitled to Notice of Charges detailing specifics about allegations
According to Title IX Law Rights given to an accused student include:
– Equal treatment with the complainant
– Appointed advisor who may be an attorney
– Presumption of innocence until found guilty
– Permission to review all evidence regarding their case
– Investigators and decision-makers are bias-free
– Advanced notification of all meetings and hearings
The Title IX Coordinator’s next step is to appoint an investigator responsible for gathering facts on the case from both sides.
The investigation begins by separate meetings with both parties, then proceeds to interview potential witnesses and collect physical evidence.
After concluding the investigation, it falls upon the Investigator to present an unbiased report on their findings. After ten days, both parties can suggest revisions on this report before submission to the Title IX Coordinator.
The Hearing Officer schedules a live hearing following receipt of the investigative report. Here, an accused student gets a chance to defend themselves by presenting evidence, calling witnesses, questioning opponents, and presenting their defense.
Only advisors can question complainants or witness; hence accused students have a right to one. The school may provide attorneys if one hasn’t selected any personally.
Using a legal standard known Preponderance of Evidence at hearings determines whether students are Responsible or Not Responsible (innocent). If investigators believe its likely that more than 50% committed an offense; they must declare Responsible.
Accused students have the right to outcome notice after hearing and appeal rights within seven days of reception. Grounds for an appeal must center around:
New evidence affecting case outcomes
Procedural errors affecting outcomes
Bias involving Title IX officials
Non-Title IX Cases
As per August 2020 regulations, off-campus incidents fall outside Title IX enforcement categories but cannot ignore accusations made against them.
Schools incorporate provisions like sexual misconduct into Student Conduct Codes that follow same procedures as any violation of this code even when such Non-Title IX offenses aren’t subject to federal law.
Despite having nearly similar rules in proceedings, non-Title IX cases lack the same prestige as Title IX cases, thus necessitating a primary understanding of school’s chosen procedures, emphasizing more on seeking an experienced attorney to monitor proceedings.
How Can Todd Spodek Help?
Todd Spodek, a fully-licensed defense attorney, has committed his career to defending students like you against sexual misconduct charges as a proven Title IX attorney. He understands federal laws and how schools operate, knowing the typical tactics employed and ways to counter them.
Most importantly, he is on your side and will ensure that you receive fair treatment and necessary help for your case’s best possible outcome.
Sexual misconduct allegations can ruin your life if not handled well. Working with Todd Spodek from the Spodek Law Group will empower students facing such accusations by protecting their rights during investigations and hearings. Get in touch using our automated online form or calling 888-555-3686.