Title IX Attorney – What You Need to Know If Facing Sexual Misconduct Charges
If you’re facing sexual misconduct charges in college, you’re in serious trouble. A minimum penalty of suspension is standard, with the more likely consequence being expulsion. Additionally, a transcript notation noting the details of the offense is commonly recorded along with an expulsion. This could end your academic career completely since it may prevent enrollment elsewhere.
This article aims to provide information and resources to help you handle your case efficiently. You’re intelligent and capable, so you need a Title IX attorney experienced in defending student clients adequately. The Law Offices of Todd Spodek can help one achieve their desired goal, presenting due diligence towards the client’s best interest.
Title IX Sexual Misconduct –
Title IX guidelines strictly regulate most sexual misconduct incidents on college campuses. Passed in 1972 by the federal government, Title IX also prohibits any form of sexual harassment or discrimination at institutions of higher education. Its rules and procedures govern how allegations are investigated and adjudicated.
Wisconsin State law further codifies these guidelines; this will provide what one can expect while seeking justice or investigation under Wisconsin State Law.
UWEC has a Title IX coordinator like all schools; they overlook all matters related to the schools’ policies regarding sexual harassment cases, deciding whether an official investigation is warranted based on complaints received.
You’re entitled to a Notice of Charges if there’s an investigation involving you initiated by the Coordinator. Underneath are some of your rights as inferred from both Title IX federal guideline and Wisconsin state law:
1) Treated equally as the complainant.
2) Choose your advisor- preferentially an attorney.
3) Be presumed innocent until proven otherwise.
4) Obtain evidence against you for review
5) Personal investigation conducted impartially & without biases.
6) Get advanced notifications of all meetings/proceedings before hearing commencement when necessary.
The Investigator looks into the allegations once the Coordinator appoints one. Both sides get to state their side of the case while collecting physical evidence and talking to witnesses separately.
After completing investigative work, The Investigator compiles an unbiased report that summarizes their findings; you have every right to review this document and suggest any revisions deemed necessary.
The Investigative Report establishes a foundation for the hearing when received by the Coordinator, who organizes a panel overseeing it. Most participating parties will make presentations during this stage, presenting evidence and calling witnesses when necessary. Cross-examination rights against anyone, including those testifying against you or your advisors, are available at this stage.
Post-hearing, the panel determines whether one is guilty of Title IX violation based on a majority vote count. The legal standards employed in such cases are “Preponderance of Evidence,” signifying that proving guilt beyond reasonable doubt isn’t necessary; rather, it solely relies on a 51% probability level proof that an offense took place.
You may appeal under some circumstances if dissatisfied with the Panels decision within fourteen days after receiving notification of the outcome.
Grounds for appealing the ruling are limited as follows:
1) Procedural irregularities affecting case outcome
2) Decision was not congruent with factors prescribed by Title IX
3) New evidence could alter case outcome
4) Possible bias among any Title IX official involved affected case outcome
5) Information present in records contradicting decisions
It’s worth mentioning not all sexual harassment cases qualify as Title IX cases since changes to federal law made definitions regarding “discrimination” & “harassment” stricter in 2020- limiting schools’ jurisdictional authority across them. As such, off-campus allegations aren’t covered under its purview.
That said, UWEC employs similar procedures both for Title IX & non-Title IX accusation cases regardless if new regulations if they follow what is laid down in Wisconsin State law.
How Todd Spodek Can Help You –
Judging by your current plight, explore experienced legal aid to provide you with guidance on sexual harassment cases in college. The procedures involved are often difficult and complicated to understand, given the complexity of Title IX’s continued guidelines.
With over a decade of experience handling student discipline issues, Todd Spodek is now choosing to concentrate more on Title IX cases as his specialty for sexual misconduct charges. Todd Spodek knows his way around the politics of the system without forgetting past rulings that he’s handled for non-Title IX cases to help prepare better defense measures.
He is well-equipped with in-depth knowledge of Title IX history, requirements and procedures governing investigations and adjudications across campus settings. So if you’re accused of sexual harassment or anything related to it as a student anywhere within Eau Claire & beyond, turn down any initial offer of plea bargain presented by prosecutors; protect your rights entirely instead by contacting an experienced attorney as quickly as possible.
With Todd Spodek heading your case, you can rest assured that he will work tirelessly towards ensuring fair representation regardless of your present circumstances during the allegations made against you.
Sexual misconduct allegations could prove disastrous for one’s academic career if wrongly handled. Get an experienced attorney conscious of provisions underlying one’s rights under federal laws like Title IX while knowing Wisconsin State law provisions conditions concerning disciplinary hearing outcomes if caught up facing charges under this situation in UWEC – so contact him today!
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