Looking for a brighter future? Education is the key to unlocking limitless opportunities, but achieving academic success can come at a cost. We understand the countless hours and hard work that students invest to get the most out of their education. Unfortunately, obstacles beyond the classroom can be extremely daunting and can seriously derail their academic goals – one of the scariest being a Title IX violation. As a leading national law firm, Spodek Law Group and Attorney Todd Spodek can help rewrite the future for students facing a Title IX violation.
So, what exactly is Title IX? Enacted in 1972, Title IX of the Education Amendments was established to safeguard students from sex-based discrimination. Initially, female students were encountering many obstacles to achieve the same level of education and athletic opportunities as their male counterparts. The legislature’s preemptive language states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX goes further to address sexual misconduct, namely harassment and assault, that female students face.
As a federal law, Title IX mandates compliance from all institutions receiving federal funding. While it applies to schools and universities nationally, the enforcement varies, which makes understanding how a Title IX infraction will be handled even more challenging. Moreover, the details and enforcement of Title IX are continually evolving, adding to the confusion. The Trump Presidency made significant changes to Title IX, followed by the Biden administration attempting to repeal many of those changes. Amidst all these changes, allegations of sexual misconduct can have rippling consequences, not only for the accuser but also for the accused and the school as a whole.
Universities and other institutions are expected to act in the best interest of their students, but we cannot assume that they don’t have their interests in mind as well. A federally funded University’s interest is certainly not in appearing on the wrong side of a sexual misconduct case. As such, they can be expected to pull out all the stops in terms of legal support. As someone facing an accusation of sexual misconduct, it’s critical you do the same.
So, how is a Title IX accusation investigated? The complaint, investigation, and appeals processes are spelled out in the student handbooks or codes of conduct, with some variations. The accused student is notified of the complaint immediately before any investigation takes place. At this point, it’s critical to seek the help of a seasoned professional to secure a fighting chance at beating the accusation. The following steps are then taken:
Rights of the Respondent
- Information on the nature and source of the complaint
- Ability to continue with their studies while being presumed not responsible of the accusation
- The right to obtain a professional advisor
An Investigator is then assigned to look into the accusation. The investigator interviews both parties involved, offering the respondent a chance to record his version of events. It is highly recommended to seek the counsel of an experienced attorney who can advise on the best way to proceed with such interviews. Following the investigation, a hearing may be conducted. Circumstances vary from case to case, so it’s critical to consult an advisor who can identify whether a hearing is appropriate and, if so, how to proceed in the respondent’s best interest.
Following the investigation and review, designated decision-maker(s) deliberate over the information gathered. Note, decision-makers do not require irrefutable evidence in order to find the respondent responsible – they must only be swayed a little more than halfway towards guilty versus innocent. The decision-makers hand down a decision, and both sides have the opportunity to appeal. If an appeal is sought by either party, certain criteria must be met, new evidence must be gathered, or there must be proof that the original proceedings were not carried out fairly. If either is found to be true, a new hearing will be conducted. Following the appeals hearing, a final decision is made, and the case is effectively closed.
The consequences of a Title IX violation can vary, but they can have long-lasting effects. Suspension is usually the minimum penalty, and expulsion is common. A student’s academic career has serious implications for their career path, so an expulsion at any level of education can have very real and long-lasting effects. Not only does an expelled student’s academic year get disrupted and potentially even ended prematurely, but they may also struggle to gain admittance to another institution.
When it comes to navigating Title IX issues, enlisting the help of an experienced advisor like Attorney Todd Spodek is essential. With almost a decade of experience in passionately fighting for the future of his clients at universities and colleges throughout the nation, he can help students and their families manage the confusion surrounding Title IX accusations. He stays abreast of the complex and ever-changing legal landscape, and he’s passionate about helping students and their families.
If you or your student is facing a Title IX accusation, don’t let it derail your future before it has a chance to begin. Enlist the help of a seasoned Title IX Attorney like Todd Spodek from Spodek Law Group. Contact our office today at 888-555-3686 or submit your request using the automated online form. Most importantly, stay calm: we can get through this together.
Attorney Todd Spodek can provide legal representation and support to Oklahoma colleges and universities during investigations, hearings, and appeals. Some of the institutions include Bacone College, Brown Mackie College Tulsa, Cameron University, Career Point College, Carl Albert State College, Connors State College, DeVry University Oklahoma, East Central University, Eastern Oklahoma State College, Family of Faith College, Hillsdale Free Will Baptist College, ITT Technical Institute Oklahoma City, ITT Technical Institute Tulsa, Langston University, Mid America Christian University, Murray State College, National American University Tulsa, Northeastern Oklahoma A&M College, Northeastern State University, Northern Oklahoma College, Northwestern Oklahoma State University, Oklahoma Baptist University, Oklahoma Christian University, Oklahoma City Community College, Oklahoma City University, Oklahoma Panhandle State University, Oklahoma State University Institute of Technology Okmulgee, Oklahoma State University Main Campus, Oklahoma State University Oklahoma City, Oklahoma Wesleyan University, Oral Roberts University, Redlands Community College, Rogers State University, Rose State College, Saint Gregorys University, Seminole State College, Southeastern Oklahoma State University, Southern Nazarene University, Southwestern Christian University, Southwestern Oklahoma State University, Spartan College of Aeronautics and Technology, Tulsa Community College, University of Central Oklahoma, University of Oklahoma Norman Campus, University of Phoenix Oklahoma City Campus, University of Phoenix Tulsa Campus, University of Science and Arts of Oklahoma, University of Tulsa, Vatterott College Tulsa, and Western Oklahoma State College.
Don’t let a Title IX violation define your future. Protect your rights with the help of a skilled attorney. Contact Spodek Law Group and Attorney Todd Spodek today for a fighting chance at a bright future.