Why You Need a Title IX Attorney When Accused of Sexual Misconduct
Sexual misconduct is among the most serious charges any college student can face. It can lead to expulsion, and that can be just as life-altering as jail time. Your academic career may come to an end as it becomes difficult, if not impossible, for you to find another school that will accept you with a notation about the reason for your expulsion in your transcript.
Given what’s at stake, schools should be especially careful about investigating and adjudicating allegations of sexual misconduct while giving respondents every benefit of the doubt. However, campus judicial processes often favor complainants/accusers; thus, many innocent students have suffered from this injustice.
The good news is that the law gives you several due process rights when facing Title IX accusations. With these legal rights come additional responsibilities since you will need to prepare your defense adequately as defending yourself on your own is often not enough.
Title IX Sexual Misconduct
Arkansas State University (ASU) handles most of its sexual misconduct allegations using rules laid down by Title IX, a federal law prohibiting sexual discrimination and harassment in US education programs. ASU has its interpretation of this federal law in its policy on Title IX Grievance Procedures. If accused, understanding this process might help prepare you for what to expect.
You are entitled to notice of any Title IX charges which must include the name of the complainant and details of the allegations against you. Although anyone at the school may report you for misconduct, only an alleged victim or the Coordinator may sign an official complaint against you.
ASU grants several important due process rights under Title IX:
1. The right to be presumed not responsible (innocent) until proven responsible (guilty)
2. The right to an advisor who could be an attorney
3. The right to review all evidence against you
4. The right to present evidence and suggest witnesses
5. The right to be investigated and adjudicated by non-biased individuals
6. The right to advanced notice of all meetings and proceedings in the case
The Coordinator sets a time and date for an official hearing where you present evidence proving your innocence, call witnesses to testify on your behalf, and cross-examine the complainant and any witnesses against you.
The hearing panel at ASU is composed of one staff member, one student, one faculty member, and an ex-officio, non-voting chair. After both sides make their arguments based on the legal standard known as Preponderance of Evidence, which requires decision-makers to find you responsible if they believe it is more likely than not that you committed an offense.
If at the end of the hearing you lose or get expelled, remember this does not signify the end since you have ten days from being notified of the outcome to appeal it. Appeals are allowed only for procedural irregularities, allegations of bias, or with new evidence discovered. Furthermore, complainants also have the right to appeal should respondents win at ASU.
Non-Title IX Sexual Misconduct
Not all sexual misconducts fall under Title IX cases like off-campus incidents since changes in 2020 redefined discrimination and harassment limits on types of offences schools can investigate. Consequently, ASU created new policies called non-Title IX offences subject to Student Code of Conduct that provides fewer due process rights. For instance:
1.The school doesn’t conduct a full investigation into Code of Conduct violations where all matters of evidence are dealt with through a hearing.
2.Students may or may not have a full hearing in front of a panel but rather decide on case outcomes by seeing just one administrator.
3.Advisors’ participation will only be possible when directly addressed by either The Hearing Officer or Chair.
How Todd Spodek Can Help You
When facing sexual misconduct allegations, hiring a qualified Title IX Attorney gives you the best chance of successfully defending yourself. An attorney like Todd Spodek knows and specializes in the campus sexual misconduct laws that enable him to effectively defend students like you during ASU proceedings.
Todd Spodek is an expert in campus sexual misconduct cases and has dedicated his career to fighting for student rights. He understands that avoiding expulsion, maintaining a clean record, and continuing academic progress could significantly change your life. Therefore he has handled hundreds of cases making sure accused students are treated fairly and get the justice they deserve.
If you or your child faces any Title IX allegation at Arkansas State University, don’t wait before it’s too late. The school might already be preparing their case against you as contacting the Spodek Law Group today at 888-555-3686 will prepare for competent representation during the entire proceeding period.