Why Schools Student Need a Title IX Lawyer
A Title IX Lawyer can increase your chances of a positive outcome in any investigation or hearing. It’s important to collect and present evidence that supports your side of the story as well as expose inconsistencies and call into question the accuser’s credibility.
Being accused of sexual misconduct can have serious consequences that affect your future education and employment opportunities. Contact an experienced attorney-advisor immediately.
As federally funded institutions, schools are required to address any allegations of sexual harassment or assault. A Title IX coordinator must be designated to handle these complaints. When a student or faculty member is accused, it can have a devastating impact on their academic and professional careers.
It is crucial that anyone accused of a Title IX violation seek out legal representation. A skilled Title IX defense lawyer can help protect a student-defendant’s rights from the beginning of an investigation.
A legal advisor can also serve as a communications middleman during any investigations. This can prevent a respondent or accuser from contacting each other directly and potentially jeopardizing the case.
It is not uncommon for students involved in a Title IX complaint to harbor negative feelings towards one another. This can have a significant impact on social and peer relationships, as well as a student’s emotional state during this difficult time. This is why it is critical to enlist a skilled Title IX defense attorney early in the process.
Unlike criminal justice proceedings where a defendant is presumed innocent until proven guilty, schools have a lower standard of proof in Title IX cases. They operate on a preponderance of evidence, which means that the panel must find it more likely than not that an accused student committed the alleged violation.
If a school decides to investigate a complaint, they will start by interviewing both parties and witnesses. An experienced attorney-advisor will be present at all interviews, ensuring your rights are protected.
An investigation can last up to 60 days. In the meantime, it’s important that you do not say anything incriminating or post information about your case online. The investigator can use these statements against you. You can also expect to be subjected to cross-examination. Our lawyers have extensive trial experience and will ensure your rights are protected throughout the process. They will challenge any allegations that violate your due process rights. They can even negotiate an informal resolution for you.
Schools are required to conduct comprehensive investigations into claims of sexual misconduct, and to provide accused students with a fair hearing before a neutral tribunal. However, many universities rely on investigators who are paid by their employer to conduct these investigations and therefore may have financial incentive to support the complainant’s version of events. Additionally, school-hired investigators may be biased toward the accuser and ignore important evidence.
In addition, schools often use a “preponderance of the evidence” standard to determine guilt rather than the criminal law’s beyond a reasonable doubt. This can unfairly disadvantage accused individuals and make it difficult to prove their innocence.
Title IX Lawyer Mesa can help ensure that your university follows federal guidelines and that you have the opportunity to question witnesses at your hearing. They can also assist with the development of a compelling defense and defend you against a biased preponderance of the evidence finding. They can even help you pursue an informal resolution to your case.
While Title IX is often associated with sexual assault cases, this law covers a broader scope. The law protects students, faculty members, and coaches who file complaints against their school. It also protects students from unfair treatment by the administration. If a student feels that their school violated the spirit of the law, they can file an appeal with the DOE-OCR.
A skilled Title IX defense lawyer can help with these cases. They can assist with gathering evidence and contacting witnesses. They can also counsel the accused on how to conduct themselves during an investigation or a hearing. They can advise them on limiting social media posts and text messages that might be used against them.
In addition, a lawyer-advisor can assist with negotiating an informal resolution to a complaint. This is particularly important in cases where a student faces serious sanctions that could make it difficult for them to find another school or obtain employment.