Universities are notorious for violating the rights of students and faculty in Title IX cases. Often, they hastily make decisions unfairly altering the educational aspirations of pupils and professors without thoroughly investigating the allegations or providing adequate due process.
When you believe there are errors in a Title IX proceeding, a Lawyer familiar with the process of a Boca Raton Title IX investigation can offer guidance. Call one of our seasoned Title IX Attorneys to help you identify and examine errors in an investigation.
Overview of Title IX in the University Context
In 1972, the United States Congress passed the Higher Education Act, and the President officially made the act the law of the land. Among the amendments added to this act was Title IX. This provision explicitly prohibits discrimination based on sex, sexual harassment and assault, stalking, and dating violence. All colleges and universities in the United States receiving federal funding must comply with Title IX.
With federal funding at stake, many universities will rush Title IX investigations. In their effort to make a quick decision, they habitually violate the due process rights of those facing allegations of on-campus sex-based offenses. For example, they fail to give students and faculty their constitutional right to a hearing when facing such charges.
Many universities fail to notify the campus at large of the anti-gender-based discrimination policy, which is legally required. In many cases, they fail to provide the information of the on-campus Title IX coordinator.
People seeking representation in a Title IX case should contact an Attorney in Boca Raton to help identify holes in a case and craft a strong defense that could achieve a more favorable outcome.
Title IX Complaint and Collection of Facts
At the beginning of a Title IX investigation, the office must inform the Claimant and Respondent that a complaint has been made against them and that an investigation will take place. The Claimant is the person who made the complaint and likely has already received notice, and the Respondent is the accused party and must also be notified of the Complaint.
The notice must precisely describe the allegations, the specific Title IX violation and identify who the investigator is. The university’s Title IX investigator cannot lead the investigation.
Upon receiving a notice, the Respondent can contact the investigator for an intake meeting to gather more information about the allegations and the investigation process. At this time, the Respondent should get a Lawyer to prepare for the intake meeting so they do not say anything in the forum that might be used against them.
Next, the investigator will start to gather information connected to the claims. This includes any written documentation, witness statements, pictures, and video evidence. The investigator must gather information from both sides and cannot simply rely on what was provided by the Claimant. Once information concerning the alleged Title IX violation is collected, the investigator must provide both sides with ten days or more to review the facts.
When a student or faculty member were not provided with a fair investigation, a meticulous Boca Raton Title IX Lawyer can assist them in challenging the decision in the process.
Determination of a Title IX Violation
Following a review of the facts, a reviewer from the university’s Title IX office will assess the information to determine if the preponderance of the evidence shows a violation did occur. By preponderance, there is a more than 50 percent likelihood the allegations did occur. The reviewer could also use a clear and convincing standard, which means the information establishes that it is substantially more probable the Title IX violation did occur.
Universities tend to make mistakes in the review process by having the same person who conducted the investigation make a review determination. Also, this process is very subjective and can be skewed in favor of the Claimant.
The final step is for the university’s Title IX office to provide the Claimant and Respondent with a copy of the report and inform them they have ten days to respond before the report becomes official. The report letter also must provide information on the right to appeal against the decision.
When a person believes they did not receive a fair and impartial investigation, they can contact a Boca Raton Lawyer specializing in university Title IX cases.
Contact a Lawyer Familiar with the Process of a Boca Raton Title IX Investigation
When you believe a university is violating a respondent’s rights in a Title IX investigation, an Attorney familiar with the process of a Boca Raton Title IX investigation could get you reinstated and back on campus to pursue your educational goals. Schedule a consultation and get started on your case.
