Why You Need a Title IX Attorney if Accused of Sexual Misconduct
Sexual misconduct allegations are no laughing matter. Colleges and universities take them very seriously, and if one has been leveled against you, it’s crucial to get help. With the minimum penalty for such allegations being suspension, and expulsion being much more likely, defending oneself alone is rarely a wise choice. That’s why Wilmington University offers to help students navigate the process with advisors that can even include an attorney- though not just any attorney will do. You need someone who has knowledge of campus sexual misconduct cases, particularly someone who specializes in supporting student rights. In other words, you need a Title IX attorney.
Title IX Cases
Most sexual misconduct charges at Wilmington University fall under Title IX violations which mean that they violate a federal law established in 1972 to prohibit all forms of sexual discrimination and harassment. This includes various sexually-based crimes starting from simple verbal assault and insult to stalking, dating violence as well as rape. There are two distinct stages of every case: investigation and hearing with specific instructions on how each stage should proceed.
When your school receives an accusation of sexual misconduct against you; only the complainant or coordinator may sign an official complaint against you. The title IX Coordinator communicates with anyone in the school regarding any sexual misconduct allegation.
The coordinator notifies all sexual misconduct allegations to the accused on paper- specifying details about the complaint(s) (including complainants name). In addition, the Notice of Charges provides a summary of your rights: You have a right to be presumed innocent unless proven guilty; review evidence against you before hearings; submit evidence for Investigators consideration; and most importantly have an advisor during the whole process- including representation by an attorney.
Wilmington University assigns an investigator once coordination enables them access into investigating into your case carefully interviewing both parties involved , collecting appropriate physical evidence while also identifying witnesses that could weigh-in on the events.
Investigator has a maximum timeline of 60 business days to investigate the charge, after which findings are reported in details. Advices are permitted to discuss as well as suggest any revisions to this document before being finalized and sent over to the Title IX Coordinator for review.
After compiling an investigative report on the case findings; upon receipt, the coordinator schedules a hearing with Decision-Makers assigned to facilitate and steer the proceedings.
Both parties at that point can submit pieces of evidence, including witness accounts. Through their advisors, each party may cross-examine either one or more witnesses against them respectively. The Decision-Makers use preponderance of evidence (which is less strict than beyond a reasonable doubt) legal standards in deciding whether accused parties should held liable for violations. Therefore, if it is concluded that accusations against respondents are fifty percent or more accurate, they will be held responsible for legal infractions.
If neither party agrees with the outcome there’s still room for appeal- but only within ten days of notification about heard cases received. Additionally appeals must be based on a restricted set of criteria like supplymentary evidence discovery allegations founded upon serious procedual errors among others.
Non-Title IX Cases
In case such as that new guidelines were adopted during Trumps administration where he revoked most provisions covering discrimination and harassment under Title IX leading multiple schools such Wilmington University adopting their policies to handle cases no longer medically catered by federal law. Unlike Title IX however these policies aren’t bound to any laws thus Respondents dont necessarily receive privileges entitled under Title IX provision.
WU modeled its non-Title IX policy mimicking its predecessor policy process apart from having different styles for advisors’ roles during hearings. In this case advisers aren’t allowed active roles as seen under Title IX but instead may participate in only an advisory capacity when working with those involved.
The Role Todd Spodek Plays
As a college student, when such grave allegations are leveled against you, you urgently need the help of attorneys well-versed in law procedures. Title IX is an attorney that’s knowledgeable of defending students accused of sexual crimes varying from online harassment accusations to rape allegations. An empathic and thorough individual who understands the challenges posed when bias occurs from accusers as most institutions tend to take their side; He is very proficient working with universities setting traps for his clients while also implementing the best tactics or defenses to assure that his client’s rights are respected and they receive a fair hearing proceeding.
If Wilmington University levels sexuall misconduct charges against your or your child you should waste no time, but rather contact The Spodek Law Group immediately either calling them directly at 888-555-3686 or filling out an automated response form available online.