Defending Yourself Against Sexual Misconduct Charges: The Importance of a Title IX Attorney

Sexual misconduct is among the most serious charges that a university student can be accused of. The penalties for sexual misconduct often result in suspension, or in some cases, expulsion – effectively ending the academic career of any student. While schools cannot send students to prison, expulsion comes with significant consequences.

Fortunately, help is available to students who face such charges. At Idaho State University (ISU), any student charged with sexual misconduct has access to an advisor who helps them prepare their case and accompanies them to all relevant meetings and proceedings. This advisor could even be an attorney, which makes it crucial for students facing such charges to hire the best possible title IX attorney like Todd Spodek.

Title IX Law And Sexual Misconduct

At Idaho State University, sexual misconduct cases are guided by Title IX laws which prohibit sexual harassment and discrimination at federally-funded universities and colleges. Since ISU receives federal funds, these guidelines are enforced via the schools Policy on Equal Opportunity, Harassment and Non-discrimination.

If someone at ISU reports a case of sexual misconduct against you, they must sign a formal complaint with either the Coordination office or Complainant (the alleged victim). Once there is a formal complaint made against a student accused of sexual misconduct, they have various rights under Title IX law:

– The right to be treated equally to the Complainant in all matters
– The right to an advisor who may be an attorney
– The right to be presumed “Not Responsible” (innocent)
– The right to advanced notice of any and all meetings or proceedings
– The right to review all evidence in the case
– The right to investigators and decision-makers who are free from bias.

The Coordinator is responsible for appointing an investigator whose duty is primarily focused on gathering information about your case.

Monitoring And Investigating Complaints

Once the investigator has obtained relevant information, they will summarize their findings in an unbiased format after meeting with both sides. This summary is available for both parties to review and suggest corrections if necessary. Ultimately, the investigator forwards this investigative report to the Title IX Coordinator, who will subsequently appraise and set a time and date for a live hearing.

During the hearing, you have the opportunity of presenting your case where arguments, evidence or witnesses can be called upon. Both parties have the chance to question each other as well as any witnesses presented in the case. However, only advisors may cross-examine people adversely mentioned at trial. At this juncture, Decision-Makers decide your level of responsibility based on “Preponderance of Evidence,” which requires a “more likely than not” finding that you committed an offense.

You can appeal the hearing decision within seven business days of completion. However, appeals are limited to just three grounds:

– Procedural irregularity
– New evidence that has a bearing on outcome
– Conflict of interest on part of Title IX official.

Going Offline: Non-Title IX Cases

As of 2020, Title IX does not apply to cases outside school premises (off-campus) or when students are abroad. Most schools have incorporated their judicial processes for these kinds of misconduct allegations under “Non-Title IX” procedures since there is no guarantee that rights will be enforced beyond law provisions.

One fundamental difference between non-title ix and title ix proceedings has to do with how cases are decided – unlike Title IX, students facing non-TItle IX allegations don’t have equal representation rights during formal hearings but merely reviews via their respective attorneys while Decision Makers depending on how teachers evaluate preliminary investigations determine responsibility status.

How Can Todd Spodek Help?

If accused by another student or teacher regarding sexual misconduct charges under your universitys policy violation or Title IX policy, it’s essential to seek counsel without delays. It is challenging enough for students to be investigated, let alone defending themselves effectively during hearings. Hiring a reliable and experienced Title IX attorney such as Todd Spodek will make legal troubles less challenging to handle.

Todd Spodek has successfully represented many students accused of sexual harassment or misconduct, understands the Title IX Statute, and handles trials with ease under both Title IX and non-Title IX procedures. His experience allows him to deal with the operation tactics used by universities and advocate strongly for their clients’ rights.

Contact The Spodek Law Group

If you are currently facing allegations of sexual misconduct at your university or your child is accused of sexual harassment, don’t wait. Time is of the essence – act right away! You can contact Quality Attorney Todd Spodek at 888-555-3686 for immediate help or use our automated online form today.