When you learn that a Title IX complaint has been filed against you, you likely have concerns and questions. The Title IX case process in Ft. Lauderdale can be complicated and scary, but you do not have to face it alone. The rules allow you to have an Attorney serve as your advisor. An experienced legal representative can explain each step in the process and enforce your rights.
A Title IX finding can have significant and adverse consequences for your education and future, so it can be beneficial to consult a knowledgeable attorney who can guide you through the process.
Title IX Process Overview
Title IX is a federal law that applies to schools that receive federal funds. The law is designed to promote equality in education and requires schools to investigate conduct, including sexual harassment and sexual assault, by students, teachers, or other staff. Federal laws and specific school policies govern the Title IX process.
Title IX is not a criminal or civil proceeding in a Court of law. The Title IX process is an administrative process handled at the school level. Although variations apply, in Ft. Lauderdale, the Title IX case process generally involves the following:
- Filing of complaint
- Preparation of investigative report
- Notice of outcome
- Imposition of sanctions
Title IX Investigation and Report
Once a person files a complaint, the school is required to investigate the complaint. During the investigation phase of a Title IX proceeding in Ft. Lauderdale, the investigator interviews witnesses, gathers evidence such as emails, text messages, and saved voicemails, and then prepares a report of findings. The investigator must provide the report to the accused, who then has a chance to comment on it.
Federal rules entitle the respondent to have an advisor who acts like an advocate during the Title IX process. This advisor can be an Attorney, and they can help the respondent collect evidence and witnesses in support of their case and review the investigative report for fairness and accuracy. An experienced Lawyer can also provide guidance on how a person might best respond to the investigator’s questions.
Title IX Hearing and Appeal
The next step after the investigation is a hearing. For Title IX cases happening on college and university campuses, this hearing is required to be live, which might be a live virtual hearing. The rules governing the Title IX case process are subject to constant change, and a Ft. Lauderdale Attorney can address any new rule changes.
The format of a Title IX hearing differs from school to school, but generally, these hearings involve opening statements, presentation of evidence, and the chance to cross-examine witnesses.
Finally, the hearing panel issues an order and sanctions in cases of violations. Sanctions can range from reprimand to expulsion. When the outcome is not favorable, the respondent is given a right of appeal in certain cases, like where a material procedural irregularity or newly discovered evidence comes to light that could have changed the outcome.
Call an Attorney for Help with the Title IX Process in Ft. Lauderdale
Given the potential consequences of a Title IX accusation, when you are the subject of a complaint, it is important that you understand the case process and take swift steps to build your defense. You might want to ignore the charges and hope that justice will prevail without your active involvement, but that is unlikely to happen and can place your future in unnecessary jeopardy.
An experienced Attorney can be helpful in enforcing your rights during the Title IX case process in Ft. Lauderdale. Call a Leifert & Leifert Attorney today for a consultation.