Title IX is a federal law that bans sex discrimination in educational institutions that receive government funding. Any university, college, or school that fails to comply with the standards set forth in Title IX risks losing federal funding. Consequently, schools take every Title IX violation seriously. If accused of violating Title IX, your school will investigate the matter and conduct a proceeding. If the school’s hearing panel finds you responsible, you could face disciplinary actions like expulsion, suspension, or a warning. Kern County License Attorney can help you understand your rights and ensure they are protected. We can also collect and present evidence that can prove your innocence and help you obtain the most favorable case outcome.
What is Title IX?
Title IX is a federal regulation enacted to prevent discrimination based on sex in learning institutions that receive federal funding. Although the law covers wide-ranging gender-related matters, it is mainly associated with stalking, sexual harassment, sexual assault, and domestic violence cases on college campuses.
Once an investigation into a Title IX violation is initiated, the college must adhere to strict guidelines when investigating any accusation and ensure that both the alleged victim and the accused receive fair treatment. If an accusation is substantiated, the college can impose various sanctions, including counseling, suspension or even expulsion.
College Disciplinary Proceedings
Each college or university in California has its code of conduct that its students must follow. If a violation is substantiated, it may lead to disciplinary action. Title IX violations are serious, and their consequences can impact you after school and during school. A Title IX violation can lead to a disciplinary proceeding. The disciplinary proceedings are not the same as a court hearing, and you require a skilled and experienced attorney who will protect your education opportunities, future reputation, and employment. Here are some crimes that could trigger an accusation resulting in disciplinary action against you: Theft Hazing Bullying Fighting Hate crimes Drug abuse Cyberbullying Academic cheating Underage drinking Sexual assault and harassment Possession of a knife or firearm A guilty verdict for a violation of Title IX can result in serious repercussions, which can include one of the following: Counseling Probation Suspension Restitution Expulsion Community service
College Disciplinary Procedure
The Student Success Services and the vice president are responsible for initiating the disciplinary proceedings. After an accuser has made a Title IX violation accusation against you, the school receives it for consideration of whether the alleged incident happened on school property or somewhere the college offers services.
Any person may submit a report or accusation of a student violation to the Enrollment Services or the Dean of Students. It then becomes the dean’s obligation to explain the alleged wrongdoing and identify the specific charges to be filed against you, the accused.
While many colleges and universities have flexible disciplinary procedures, they must also adhere to federal laws. Per Title IX, disciplinary procedures should be prompt, reliable, and adequate. The procedures should also give all parties involved equal opportunities. If the alleged wrongdoing is determined to be a Title IX violation, the school should complete the investigation into the accusations within 60 days.
During this investigation, the school will evaluate the evidence submitted by the accused, along with any proof presented by the accuser. After the school reviews the evidence submitted by both parties, it will draft a final report that summarizes that evidence. The report serves as the foundation for determining whether an offense occurred. If the school determines that a crime has occurred, it will notify law enforcement. The police will then conduct a criminal investigation into the allegations, which usually starts with the accuser contacting the accused. Law enforcement will listen in and record the conversation. The next step involves the police calling you directly.
Once the college has done its part and notified the police, it can impose a sanction upon you in line with school policies. The school will send the report to the accuser and the accused via email. The report will contain the particular sanctions the school has imposed.
The sanctions can include at least one of the following:
- A warning
- Counseling
- Probation
- Restitution
- Community service
- Removal from the school’s housing
- Deferred suspension
- Expulsion
If the accusation against you does not fall under Title IX but is considered a breach of the college’s code of conduct, the school will evaluate it. The school will specify your charges after it collects the relevant information relating to the alleged incident. Once the information is obtained, the dean will conduct a hearing to determine the source and nature of the charges and will remind you of your rights and responsibilities. After the hearing, the dean of services could impose appropriate disciplinary action. The vice president can repeal these actions after an administrative hearing.
Why Hire an Attorney?
One of the steps to take after learning of the Title IX against you is seeking legal assistance. Here is why:
A Lot is at Stake
On top of damaging your record, being found responsible for sexual misconduct carries harsh sanctions.
Unlike minor academic wrongdoing, a case of sexual misconduct is serious, and any student found responsible may face expulsion from the college, suspension, or academic probation.
These sanctions are included in the student record, and any employer or school accessing your student transcripts will see your disciplinary action. Most employers and schools require applicants to disclose any disciplinary actions in their applications. It could make it challenging to obtain admission to another school or secure employment.
The impact of the sanction is immediate. If you are placed on probation, a subsequent violation can result in expulsion or suspension. If expelled or suspended, you should leave school immediately. It means losing any payment you have made and credits you have earned that semester.
The ideal time to consult an attorney is once you learn of the Title IX investigations against you.
Your Attorney is Specialized and Experienced in Title IX Legal Procedures
Since Title IX disciplinary proceedings must be resolved within sixty days, you should seek experienced legal assistance immediately.
The Title IX legal process differs from criminal and civil court systems. Not hiring a criminal defense or civil attorney could be costly.
Additionally, Title IX hearings vary from one school to the next. While the Department of Education sets national guidelines, institutions have some discretion in enforcing Title IX within their own institutions. Some institutions impose harsher sanctions on students facing sexual misconduct allegations than others.
Your experienced attorney has created a strong relationship with schools across California, and the familiarity can make the process seamless for you. Here is how the lawyer’s experience will assist you:
- Navigating your campus Title IX requirements
- Communicating with the college’s Title IX office
- Using mitigating factors to argue for lenient sanctions
- Collect and present compelling and relevant proof in your case defense.
Your Lawyer Will Conduct a Cross-Examination
Title IX final rule permits cross-examination proceedings. Cross-examination is a crucial tool for gathering facts. Attorneys use it to interrogate witnesses and establish the truth in a case.
Sexual misconduct accusations are complicated and sensitive matters, and navigating your Title IX disciplinary proceedings might be intimidating and confusing. The allegations against you might be due to miscommunication. Therefore, you need a seasoned lawyer to handle a cross-examination effectively with the seriousness the matter deserves.
Collect and Present Persuasive Proof in Your Case
Evidence is not as simple as you may think. Federal law provides guidelines on evidence allowed in Title IX cases. The evidence you depend on to prove your innocence might not work in your defense. Or worse, your evidence may be utilized against you in a manner you had not expected.
Your lawyer is seasoned and acquainted with the Title IX case evidentiary requirements. They also know the best type of evidence and what you should ask for and look for. They can assist you in compiling admissible evidence that supports your version of the story.
Moreover, your attorney will ensure your rights are upheld throughout the proceedings. They will ensure your campus adheres to its guidelines and those outlined by the Department of Education.
Handling Possible Criminal or Civil Charges
Based on the circumstances surrounding your case, sexual misconduct may result in an investigation beyond your college’s Title IX office. Your attorney can handle every aspect of the case, including criminal and civil issues. A legal expert can develop effective legal strategies to assist you in avoiding more liability.
It is essential because criminal proceedings carry penalties, including incarceration, fines, and a criminal history, while civil cases involve monetary damages.
The Relationship Between Criminal and Disciplinary Proceedings
A criminal proceeding differs from school disciplinary proceedings. For instance, there are no lawyers or judges in their roles and no required rule of proof. Typically, people who determine and judge cases are students or administrators. Hearsay is permitted, and many other procedures and statements made during student disciplinary proceedings are not allowed in a courthouse.
Before engaging in any student disciplinary procedure, check the relevant federal, state, and local statutes to determine whether the alleged charges would also constitute an offense. For instance, the following offenses could be charged as a crime in California:
- Selling drugs
- Possessing drugs
- Sexual assault
- Purchasing chemicals to manufacture synthetic drugs
- Forcible rape
How you navigate your disciplinary proceeding could impact your criminal proceedings if law enforcement files the charges against you, and how you handle your criminal case could impact your disciplinary proceedings. Many educational institutions conduct student disciplinary hearings before or concurrently with criminal proceedings, making it challenging for you to ensure that you are not sentenced or charged for something you did or said during your disciplinary process.
Campus police can issue a search warrant to schools or a subpoena based on probable cause if they believe the statement would constitute the legal basis for an offense. It makes the student disciplinary proceedings hard to handle because the student must participate in them. It is wise to know what you should and can say and not say in your student disciplinary proceeding, whether in writing, text, email, or verbally, to protect your rights.
Rights and Requirements Under Title IX
Title IX requires that educational institutions offer specific rights to victims (complainants) and specific rights to the accused (respondents). For instance, schools should notify an alleged victim of disciplinary action it has imposed on an individual it finds accountable for engaging in sexual misconduct per Title IX if it impacts the victim.
Educational institutions can, if appropriate, offer interim safety measures to students making a sexual misconduct complaint, as well as to the accused, regardless of whether it is before, during, or after the investigation, or before the determination of the violation.
It can include a no-contact order between the accused and the victim, which prevents direct contact between them and indirect contact through friends, social media, or phone. The no-contact order can also order the accused to avoid being in the same building as the victim or within a given distance.
Can You File an Appeal?
Yes, you can.
An appeal is a process that allows an educational institution to analyze the decision it made. You have limited time following the notice of determination to appeal your case.
While you might be displeased with the decision the school made, mere dissatisfaction is inadequate for you to be granted an appeal. You should provide a ground as to why the school should review and appeal your sanction or finding of responsibility.
Common grounds include the following:
- A violation of your rights
- You claim the finding of responsibility is inconsistent with the facts presented in your proceeding.
- The school has made a procedural error that has affected the outcome of your sanction.
- The school imposed a sanction that is disproportionate to the seriousness of your violation.
Contact Skilled Legal Representation Near Me
The implications of a Title IX violation can be detrimental. If you face sexual misconduct allegations, you might face investigation, disciplinary proceedings, and disciplinary actions that could eat away at the time you could have spent on more productive matters. You might also feel socially isolated or be distracted by the disciplinary proceedings. Given the confusing and complicated nature of the matter, you require an attorney who can ensure the school upholds your rights. Kern County License Attorney can offer professional guidance, prepare you for your hearings, and advocate on your behalf. Please contact us at 661- 558-1950 to schedule your initial consultation. During your consultation, we can review your case and discuss your legal options.
