Why You Need a Title IX Attorney If Accused of Sexual Misconduct
Facing sexual misconduct charges in college or university is a difficult and challenging experience. Often, penalties in these cases can be severe, ranging from suspension to expulsion, which can impact your future. Unfortunately, it’s not always easy to prove your innocence since campus judicial procedures are complex and problematic. Moreover, the system often favors the accusers. Therefore, if your college or university has charged you with sexual misconduct, you should take the charge seriously by seeking help from a professional.
By consulting a Title IX attorney, you’ll get essential assistance during this challenging period. When building a house, people call contractors. When they’re sick, they visit doctors. Similarly, when accused of sexual misconduct, you contact legal experts such as Title IX attorneys who specialize in handling various scenarios relating to campus sexual assault allegations.
Title IX and Sexual Misconduct at The University of Southern Mississippi (USM)
The University of Southern Mississippi manages almost all its sexual misconduct cases through Title IX – a federal law that prohibits sexual discrimination on college campuses and demands schools to investigate allegations relating to sexually-based mistreatment strictly. USM requires all its faculty and staff members to report instances of sexual abuse officially; however, only the Coordinator may instigate an official investigation.
If accused of sexual misconduct under Title IX at USM:
1. You’ll receive written notice detailing the accusation(s) and the name of your accuser
2. Get an advisor who may be an attorney
3. Be presumed “not responsible” because you’re innocent unless proven guilty beyond reasonable doubts
4. Have access to review the evidence with sufficient time before hearings.
Once notice has been served, an investigator is appointed within thirty days to investigate further into the matter while meeting regularly with both parties while collecting physical evidence and interviewing witnesses.
After completing investigations impartially within forty-five days after receiving complainants (includes hearing date), the Investigator submits a written report to the Coordinator, where both sides may review and request changes before submission. The Coordinator schedules a live hearing by appointing a Hearing Officer will oversee proceedings, and both parties – complainant and respondents – can present arguments, evidence and witnesses in their defense. However, only advisors are allowed to conduct cross-examinations.
Once presented with evidence, the Hearing Officer uses “preponderance of evidence” instead of “beyond reasonable doubt” legal standard to find respondents guilty of sexually-based mistreatment if they’re more than fifty percent likely to commit an offense. Both parties have only five business days after losing to file appeals for new evidence and procedural abnormalities
Non-Title IX cases USM citizens face for off-campus incidents under federal law no longer apply after 2020 changes where schools must create their policies against sexual misconduct dubbed ‘non-Title IX’ offenses. In contrast, students do not enjoy any process rights or due procedures from these cases against sexual misconduct.
Therefore, it’s crucial to hire legal representation since different panels like campus police or Dean of Students may investigate you without mentioning your advisory right mentioned in Code of Conducts besides inadequate knowledge about hearings procedures.
How The Law Offices of Todd Spodek Can Help
For over ten years now, licensed lawyer Todd Spodek has successfully handled many challenging sexual misconduct cases. He is the perfect pinnacle when seeking help with allegations relating to sexual misconduct whether Title IX cases or non-Title IX cases.
Joseph knows all procedures associated with college campus regulations and effectively communicates with school administrators on behalf of his clients while ensuring access to all guaranteed rights during hearings. Choose Todd Spodek as your expert Title IX attorney today by contacting him at 888-555-3686 or using our automatic online form should you face any issue related instance anytime soon.