Title IX, enacted in 1972, and enforced by the U.S. Department of Education’s Office for Civil Rights (OCR), prohibits sex-based discrimination in any school or educational program that receives federal funding. When a student is accused of sexual discrimination, harassment and assault, domestic violence, stalking, or other gender-based harm, Title IX proceedings will ensue. These proceedings can lead to serious consequences for a student—including suspension and expulsion—not to mention a permanent mark on a student’s reputation.
When you are facing allegations, consult with one of our Lawyers can work to protect your rights during a Title IX investigation. Our defense team at Leifert & Leifert is here to help.
Process of a Title IX Investigation
Regardless of the school at which they occur, Title IX investigations all follow the same general steps. The process goes as follows:
- The accused student and the complainant are notified
- The school gathers facts and evidence related to the allegations, which it reviews and analyzes
- The school issues a determination of whether the accused student has violated the school’s Title IX policy
Disciplinary actions vary by institution but typically include suspension and expulsion for more serious infractions. It is important to work with a Title IX Lawyer who can ensure your rights are protected during the investigation process.
Accused’s Rights in a Title IX Investigation
The accused student has rights during the investigation, and it is important that a Title IX Attorney not only makes them aware of what they are, but also ensure that they are protected. These rights include:
- The right to a fair process
- The right to an unbiased investigation
- The right to collect and review evidence
- The right to have a hearing and cross-examine witnesses
- The right to have an attorney or advisor
- The right to appeal (in certain cases)
A Lawyer will assist with gathering evidence that exonerates or supports the Accused’s case. Their process of gathering evidence could include reviewing photo and video evidence, parsing the initial complaint and witness statements, conducting new interviews, consulting with experts, and referencing applicable laws and regulations. This is a time-consuming process that could prolong the investigation, depending on the circumstances.
Possible Outcomes in a Title IX Investigation
When there is insufficient evidence to support a student’s allegations, no action is taken. In some cases, an informal resolution is reached without a formal hearing or investigation. The school will hold a formal hearing when there is sufficient evidence, which can result in disciplinary actions such as suspension and expulsion.
There are some cases where a student might be able to appeal, but this is uncommon. The best measure a student can take is working with a Title IX Lawyer who can advocate for their rights during the investigation and come up with the strongest possible defense.
Contact a Title IX Attorney Today to Discuss Your Rights
Title IX cases should be taken seriously, as they can be harmful to an accused student’s reputation. While these academic misconduct proceedings can be intimidating, you can take comfort in knowing that you have a Lawyer to help protect your rights during a Title IX investigation.
Call today to schedule a free consultation with one of our seasoned Attorneys at Leifert & Leifert. We are ready to get started on your case.
