Protecting Your Child Against Title IX Charges: Understanding Consent and the Investigation Process

If your high school student is facing accusations of a Title IX violation, it’s understandable if you are feeling anxious. Sexual misconduct accusations can lead to serious consequences, including expulsion, difficulty getting into college or applying for financial aid, and job hunting issues. To help protect your child against these and other possible repercussions, it’s important you learn more about consent policies and the investigation process.

Protecting Your Child: Understanding Issues of Consent

Issues of consent play a critical role in most Title IX cases. Unfortunately, these concepts can be complicated, leading to misunderstandings and confusion even among well-meaning parties. In order to better understand what consent policy means for your child, its important to look at how your high school defines these principles.

Title IX does not mandate any specific definition for consent. Rather, each school gets to define its own policies surrounding what constitutes informed consent during sexual encounters on its facilities or involving its students off-campus. That being said, there are certain fundamental principles that almost all policies agree upon:

Incapacitation Bars Consent: One cannot legally give informed consent if they are under duress or physical distress. Drinking alcohol, being highly emotional before a sexual activity occurs—either positively or negatively—and similar situations could cause someone who is angry or upset to claim they were coerced into participating in sexual behavior.

Refusal Does Not Require Explicit Language: It bears noting that an individual does not necessarily have to physically resist sexual contact as a demonstration of their disinterest- body language alone may constitute necessary signals of unwillingness.

Withdrawing Consent Should End Sexual Contact: You should know that just because someone seems initially interested in engaging in sexual activity with another person does not automatically mean that person will continue consenting after starting the activity–or even shortly thereafter!

Controversies Include Interpretations: There may be disagreements involved over how each specific tenet of consent is defined by the institutions. One schools zero-tolerance interpretation differs from another institution’s which may be more enthusiastic, for instance.

As with the question of what constitutes consent, every high school formulates its processes for investigating Title IX complaints differently. That being said, there are certain key features that many schools have in common:

Investigator Interviews Parties Involved: Once an official complaint has been issued, schools will engage independent parties to interview and record accounts from both complainants and respondents (as well as any witnesses). This step will typically occur 45-60 days after the initial complaint, and evidence must support findings reported.

Decision-Makers Retain Considerable Authority: During these investigations, decision-makers will review all relevant information and determine whether sanctions should be imposed or changes made to the policies used.

Legal Representation Permitted: Your child has the right to obtain legal representation during this process so they have full knowledge of their rights, know how to best avoid self-incrimination, confront allegations made against them correctly—in order for your attorney can defend you adequately.

Exploring Issues Regarding Title IX

Title IX was initially signed into law in 1972. Previously known primarily as a tool for helping women gain equal access to academic opportunities including sports programs and scholarships, it has been reinterpreted regularly over time by courts and legislative bodies. It now offers new protections including prohibitions against sexual bias broadly across school environments under which funding from United States government flows.

Overcoming Accusations Requires Expert Assistance

Facing accusations of a Title IX violation is no small matter on multiple fronts. Not only can such charges lead to significant short-term consequences such as suspension or expulsion from high school but also damage future professional prospects like applying to further educational opportunities or job applications.
At Spodek Law Group , we specialize in defending students accused of violating these policies by using our experience dealing with similar cases previously. If your child is facing Title IX charges, our qualified attorneys can help. Contact the Spodek Law Group today for assistance by calling us at 212-300-5196 or use our automated online form.