New Title IX Rules: Fighting Sexual Misconduct Cases in College

The year 2020 marked the inauguration of new Title IX rules that would hold more accountable the academic institutions that deal with sexual misconduct cases. The primary thrust of the updated guidelines is to provide greater protection for survivors and to facilitate a more equitable adjudication process.

Whether you are a student or a parent, facing a potential Title IX case can be daunting. Still, it’s essential to understand that colleges and universities owe an accused individual candor regarding what assets or privileges are due to them concerning these matters. They also have the right to protect themselves from unfair treatment throughout the judicial hearing.

This article seeks not only to answer frequently asked questions related to Title IX but also to guide and support students who may face discrimination based on gender or sex in their respective campuses.

### Understanding Title IX

Title IX refers generally to the federal law stating that no person shall be subjected to exclusion, discrimination, or harassment under any particular program or activity of an educational institution under federal financial assistance. This order by Congress aims at providing equity in education on account of gender.

### Frequently Asked Questions (FAQs)

#### Sexual Harassment /Assault

– A student is lying about me harassing them. How can I prove my side to the university?
– Another student accuses me of sexually harassing them at a party, but I don’t remember what happened. What should I do?
– Can universities discipline students for sexual misconduct even if they are not convicted of a crime?
– How can a student defend against domestic violence/ revenge porn/sexual assault charge?
– Will there be marks against their transcripts if schools decide that students violated conduct code laws?
– Will hiring a Title IX lawyer make me look guilty?

You always have rights when it comes to interacting with school officials about alleged sexual assault. Remember that you always have the right not only remain silent but also seek legal advice. Having wise counsel to help you speak out and guide you through the maze of complex laws can better enable you to assert your right to a favorable outcome.

Regardless of whether an accused student is concerned about losing scholarship, expulsion, suspension, or damaging their future professionally, engaging qualified counsel will dramatically enhance your chances of success.

#### Consent

– How do I confirm records and document everything in cases related to sexual misconduct?
– How is sanctioning handled for students with sexual offense allegations in campus hearing?
– Do universities have their own set of rules for cases involving assault?
– What is the burden of proof in Title IX hearings?
– Who has the burden of proof in an assault case when affirmative consent policies are in place?
– How do colleges determine if someone received affirmative consent before engaging in sexual activities?

Know that different educational institutions may have different policies regarding how they handle affirmative consent cases. However, current case laws compel these schools always to recommend specific factors as minimum requirements when communicating such cases with the school board. Adequately documenting activities leading up to any alleged assault or harassment occurrence may be vital evidence needed by defense lawyers preparing to defend against campus allegations.

#### Due Process

– Does cross-examination occur during a Title IX hearing?
– What rules and regulations apply more generally to Title IX proceedings?
– When should I hire a Title IX lawyer?
– Is there due process involved in Title IX hearings?

Due process involves assessing academic proceedings that protect the rights granted by law within educational settings. This includes conducting meaningful investigations resulting from reports filed concerning claims of sexual harassment or sexual abuse. The aim is to secure fairness and impartiality throughout investigations and hearings.

Without contemplating unswervingly on this policy’s exigency premises or its overall merits, it suffices to say that faced with dire consequences such as expulsion, suspension, loss of financial assistance opportunities etcetera, dealing with defenders who have considerable expertise in these matters is a prudent choice.

#### Retaliation

– Can I be expelled if the school finds out I retaliated against my accuser?
– What are the consequences of retaliation under Title IX?

There are obvious concerns when it comes to cases of retaliation, which is when someone who files a claim or participates in an investigation receives improper treatment because of their actions.

The federal government believes that students should feel free to come forward if they have been victims of sexual misconduct without fear of being threatened or discriminated against.

### Conclusion

Title IX cases can be distressing and emotionally charged, With careful counsel and a deliberate strategy, an expert attorney can protect your rights and prevent long-term negative impacts when facing potential sexual harassment claims. Receiving the necessary support and guidance throughout the process will lead you in the right direction.

It is imperative to have supportive legal representation on your side so that you can confidently engage with student conduct officials while navigating college life during an ongoing Title ix case. Attorney Todd Spodek has the knowledge and experience to make sure that you receive fair treatment during what is often life’s most challenging times. Call us today for help at 212-300-5196.