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A Title IX Lawyer Can Help Students in Title IX Investigations and Hearings

Jun 20

We represent students in Title IX investigations and hearings, including those resulting from allegations of sexual misconduct. Our team is experienced at ensuring that schools follow proper due process in these proceedings, which can have life-altering consequences.

Many of these investigators are inherently biased against men, so we will conduct a background investigation and question witnesses at your hearing to bring this bias to light.

Gender-Based Discrimination

Title IX is a federal civil rights law that prohibits discrimination on the basis of gender in education programs and activities funded with federal money. Most educational establishments across the country, from elementary schools to colleges and universities, must abide by this legislation.

The Department of Education oversees Title IX regulations, including investigating complaints. Anyone who has experienced sex-based harassment or assault can file a complaint with the OCR, as long as they don’t miss the 180-day deadline.

A Title IX hearing involves a panel of investigators who will review the allegations and evidence presented by both parties. The investigators will interview all parties involved in a neutral manner and prepare an unbiased report for the decision maker. A skilled Title IX defense lawyer can help develop an effective strategy for defending against these accusations. They will also keep up to date with legal developments and court decisions that could impact their clients’ cases. This knowledge enables them to provide their clients with the best possible representation.

Sexual Misconduct

Students often report sexual misconduct to their schools or local law enforcement, but a Title IX lawyer can help them decide whether they have a legal claim. Title IX requires that a school promptly investigates any report of sexual violence, harassment or assault and provide the accused student with a fair hearing before a neutral tribunal.

These disciplinary proceedings can have serious consequences for the accused, including suspension or expulsion from school and the stigma of having a "sex offender" label that could affect a person's future job prospects. Title IX defense lawyers at Duffy Law can help accused students navigate the complex disciplinary process.

Sexual misconduct under Title IX is defined as any unwelcome conduct or words of a sexual nature that are so severe, pervasive and objectively offensive that they deny equal access to the institution's education programs and activities. This includes, but is not limited to, unwanted touching, oral or written sexual comments and unwanted or unwelcome advances.

Collateral Consequences

Although Title IXs prohibition on sex discrimination applies to education programs, it does not cover every program operated by a recipient of federal funds. For instance, a department of corrections receives federal funds to operate a prison industries program, forestry workshops, and a forest work camp. Whether these activities constitute educational operations under Title IX is a question of fact, as the Supreme Court has made clear.

Title IX Lawyer Mesa will understand how to use these distinctions in your case. He or she will also be familiar with Title IX investigation procedures. These procedures must be equitable and ensure that both parties have access to the same evidence.

A competent attorney-advisor will also know that schools have a limited time to complete their investigations before sanctions are imposed. A skilled lawyer can help you avoid a sanction by negotiating an informal resolution. He or she may be able to assist you in filing an appeal as well.

Collateral Damages

While a student may have a good reason to believe that their accuser is telling the truth, a college Title IX investigation and disciplinary hearing can have serious consequences. A strong defense strategy can help to limit the severity of any sanctions and even prevent a finding altogether.

A Title IX defense lawyer can also ensure that interim measures such as no-contact orders and changes to housing or class schedules do not unfairly penalize the accused party. They can also help the respondent to decide whether or not to file an appeal after a school’s decision.

While many New York students may assume that Title IX only applies to sexual assault and harassment allegations, the law requires schools that receive federal funds to promptly and equitably address all types of discrimination, including gender-based violence. Our lawyers have successfully assisted students in Title IX investigations and disciplinary proceedings, often helping to secure findings of not guilty or reduced sanctions.



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