Title IX Defense: Protecting the Rights of Students Accused of Sexual Misconduct
Sexual misconduct incidents are not uncommon on college campuses in the United States. According to a study by the Association of American Universities, over 20% of women experience sexual assault during their college years. Similarly, 6% of male students and nearly 25% of those who identify themselves as transgender or nonconforming are also affected by sexual assaults.
What is Title IX?
Title IX is an essential part of the Educational Amendments of 1972 that prohibits sexual discrimination in academic institutions that receive federal funds. Under these provisions, schools must have established procedures for investigating and punishing incidents such as sexual harassment or assaults.
Role of a Personal Advisor
Accused individuals are entitled to have a personal advisor to support them during disciplinary complaints. However, this advisor cannot confront administrators directly while they are hearing the evidence. Typically, advisors assume passive roles in formal proceedings. Hiring an experienced attorney as an advisor can provide students with superior representation in various ways:
* Independently reviewing testimony and evidence to identify factual defenses
* Preparing confident responses to questions and effective opening statements
* Ensuring investigations and disciplinary proceedings adhere to proper procedures while protecting student rights
Low Burden of Proof
Retaining experienced counsel is essential due to the low burden of proof required in Title IX investigations. The required preponderance of evidence standard can result in guilty findings from unproven allegations regarding accusations against accused students. Due process challenges regarding this standard can arise if attorneys do not press the trained interrogators examining potential witnesses appointed by their school’s administration.
Campus judicial procedures surrounding sexual misconduct allegations differ significantly from procedures within typical criminal or civil proceedings concerning offenses outside campus grounds. These unique policies lack many formal processes; misunderstandings often arise in cases involving potential issues determining consent when alcohol consumption occurred during alleged events.
Imposition Of Sanctions
Penalties imposed for allegations concerning Title IX may vary considerably from minor to severe. Secondary consequences such as the potential impact on academic and professional careers represent a major concern for the accused. Adverse findings associated with accusations of sexual misconduct can hinder entrance into premier graduate studies programs, law schools, or medical schools and limit future career options.
Title IX Defense Attorneys
Has your child received an allegation of sexual assault, harassment or other campus disciplinary accusation? Promptly contact criminal defense lawyer Todd Spodek with experience defending against these recusations at (888) 535-3686. Mr. Spodek has years of experience protecting his clients’ rights and defending them in student disciplinary hearings.