Title IX: What Students Need to Know About Campus Disciplinary Investigations
Allegations of sexual misconduct on campus are a serious matter that universities and colleges in Utah must address promptly. To comply with Title IX, which is composed of federal guidelines implemented to prevent discrimination at learning institutions, schools designate Title IX coordinators and have written grievance procedures in place for when a complaint is received alleging a violation.
These written procedures create an investigation process that concludes with a hearing where the school issues their ruling and may impose penalties and sanctions such as suspension or expulsion against student violators.
However, some students may feel that they have been treated unfairly during the investigation process or at the hearing, leading them to file an appeal to contest an unfavorable decision. If this appeal is unsuccessful, those subject to disciplinary action may consider filing a complaint with the Office of Civil Rights (OCR), which is an agency that evaluates these complaints and may intervene as a neutral third-party to reassess these matters.
It’s important to note that the failure of universities and colleges to comply with Title IX can jeopardize their access to federal education funding. So although filing an OCR complaint could be an option for students struggling with the consequences of facing disciplinary action on campus, it’s crucially important for them to consult with seasoned legal counsel at this crucial phase.
In this article, we discuss what students need to know about allegations of sexual harassment or assault on campus in Utah. We provide insight into:
– The reasons why OCR typically dismisses complaints,
– The Title IX standard of evidence,
– And how Todd Spodek our renowned Title IX attorney can help students in Utah who are subject to disciplinary action on-campus.
OCR Complaint Process: Why Some May Be Dismissed
When filing a complaint alleging violations under Title IX with the Office of Civil Rights (OCR), its important for students and their attorneys to understand that not every filed claim will lead to OCR intervention. The complaints that OCR typically dismisses include those:
– Beyond the agency’s range of legal authority,
– That lack sufficient evidence suggesting that an OCR violation truly occurred,
– Not filed in a timely manner, or for which no waiver was granted,
– With information judged as speculative, conclusory, or incoherent, or insufficient to suggest actions of a discriminatory nature,
– Where complainants do not respond to requests made within the allotted 14-day period to provide supporting documentation,
– Or for which resolution has been reached elsewhere.
Title IX: Standard of Evidence
The Department responsible for drafting Title IX provisions did not specify the standard of proof required during sexual misconduct cases investigations. However, over the years, the general advice given is to use a preponderance of evidence standard similar to those employed in civil matters. Opponents feel this standard is unsuitable since it does not have formal rules of evidence and often does not have parties represented by attorneys.
A recent Department proposal suggests that instead, a “clear and convincing” evidence standard be used as an alternative option. Nevertheless, with notable aspects of these matters such as burden of proof remaining uncertain and changing constantly its instrumental for students facing disciplinary action on-campus to retain experienced legal counsel.
How Todd Spodek Can Help Students Facing Client Disciplinary Action
Todd Spodek is an attorney who has gained a reputation for having extensive knowledge regarding campus disciplinary processes when accused of Title IX violations. He empathizes with students who feel their rights haven’t been upheld either because they werent granted due process or because they were unfairly accused.
Through his office counsel consultation process, students may learn about how their cases could be won at the school level since there are instances where seeking recourse with DOE-OCR isnt necessary.
By offering free consultations to prospective clients facing disciplinary action on-campus, Joseph can determine on-the-spot whether he can help or not. As a licensed attorney in Pennsylvania and New Jersey, he can represent any clients nationwide as an attorney pro hac vice in both state and federal courts.
Joseph also serves as an advisor to students facing disciplinary cases under Title IX in Utah and throughout the nation empowering students to make informed decisions about their futures that prioritize their needs and well-being.
List of Utah Colleges Where Todd Spodek Can be of Assistance
Heres a list of colleges across Utah where Todd Spodek can help act as your or your student’s legal counsel when filing Title IX complaints with the Department of Education Office of Civil Rights:
| AmeriTech College Draper | Brigham Young University Provo |
| Argosy University Salt Lake City | Broadview Entertainment Arts University |
| Brigham Young University Provo | DeVry University Utah |
| Broadview University Layton | Dixie State College of Utah |
| Broadview University Orem | Eagle Gate College Layton |
| Broadview University West Jordan | Eagle Gate College Murray |
| Fortis College Salt Lake City | Southern Utah University |
| Independence University | Stevens Henager College Business Provo |
| ITT Technical Institute Murray | Stevens Henager College Logan|
| Latter-day Saints Business College Neumont University|
| Provo College American Fork Provo College Provo|
| Salt Lake Community College Snow College |
| The Art Institute of Salt Lake City University of Phoenix Utah Campus |
| University of Utah Utah State University |
| Weber State University Utah Valley University |
Westminster College |
Sexual misconduct allegations on-campus can lead to severe consequences for students academically and professionally in the short and long-term. Thats why its important to take quick steps to address any Title IX case filed against you or your student. Todd Spodek is here to help Utah students with DOE-OCR Title IX complaints and provide advice to resolve related problems proactively.