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Posted by Karren Kenney | Sep 24, 2022 | 0 Comments
Colleges and universities aggressively pursue Title IX charges against students, and the stakes are extremely high. Many students and parents fail to recognize the short-term and long-term stakes involved. Thus, they do not take the necessary steps and precautions to obtain the most favorable outcome when accused of Title IX sexual misconduct. However, students and parents can protect themselves by taking the necessary steps to obtain the most favorable outcome.
Title IX is a federal law that prohibits discrimination based on sex by educational institutions that receive federal funding. Title IX, first enacted in 1972, prohibits discrimination based on sex by any educational institution that receives federal funding. Educational institutions include primary and secondary schools, colleges, and universities. The law applies to both male and female students of all ages.
Title IX investigations look into allegations of sexual discrimination, assault, stalking, harassment, domestic violence, or other gender-based harms listed in the school's anti-discrimination policy. An investigation like this is completely independent of a criminal investigation because it looks at policy violations. It's the school's responsibility to determine whether the incident violated the school policy. It's law enforcement's job to determine whether it violated the law.
With higher education's administrative investigations, there is a lack of due process. Without a formal process, it is difficult for school officials to conduct a prompt, fair investigation that respects all parties' rights.
Title IX cases move quickly becauTse of “recommendations” from the Department of Education's Office of Civil Rights (DOE-OCR). A Title IX case, in particular, is generally expected to be investigated and resolved within 60 days. As a result, a student should seek immediate advice from our attorney, who is well-versed in college disciplinary proceedings. According to the Campus SaVE Act, one of the few rights granted to a respondent is that the advisor at almost all colleges and universities can be anyone of their choosing. Students who hire an attorney with experience in Title IX proceedings will fare better.
There are numerous advantages of retaining an experienced attorney as a respondent's advisor as soon as possible during a Title IX investigative process. An experienced attorney-adviser can:
Consider key decisions to better protect against potential charges.
Assist the respondent in resolving the matter.
Prepare the defendant for interview sessions and proceedings with the school.
Offer objective advice to the defendant.
Offer legal assistance, negotiate, and advocate with the school's attorneys behind the scenes to accomplish an agreeable resolution.
Make sure that the school pursues its own Title IX policies and procedures.
College or university administrators do not need to wait for law enforcement to act on a complaint to do their job since Title IX deals with internal matters of the school and is not a legal matter. In addition, the school can investigate an alleged sexual assault on campus, even if no criminal charges are brought. Even when the charges of criminal wrongdoing have not been brought against the accused, an educational institution may still be liable for damages if it does not investigate an allegation of sexual assault or rape.
While Title IX is typically enforced to ensure students have a fair and equitable learning environment, the statements can sometimes be used in criminal investigations. When the police become involved, they can conduct a criminal investigation alongside a Title IX inquiry. If you are under this investigation, you are entitled to choose not to submit a statement to school officials to avoid criminal prosecution. However, this can have serious consequences. Hire an attorney to defend you, give advice, and develop a strong defense.
Kenney Legal Defense can provide legal counsel and representation to defendants accused of violations under Title IX. We are sensitive to the individual needs of each case, ensuring that you get the best possible outcome for your situation. Contact us today so we can help protect your rights!
