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How a Title IX Lawyer Can Help

Jun 20

Our firm is a leader in the national Title IX movement and sexual harassment and violence impact litigation. We have experience handling all aspects of Title IX investigations.

Title IX covers entities that provide education programs or activities with federal funds. This includes universities, colleges, schools, and other educational institutions. It also covers organizations that receive funding through contracts of guaranty or insurance.

Representation in Hearings

If your college or university accuses you of sexual misconduct, it will probably investigate the matter and then hold a hearing. During these proceedings, both the accuser and the accused are entitled to present their case. However, the process may be unfair and a Title IX lawyer can help you challenge any inequities.

Although the school does not have to conduct a hearing in the same way as a court would, it will still evaluate evidence such as witness testimonies and any documentary materials submitted by both sides. The panel will then decide whether the alleged misconduct occurred and determine appropriate consequences (like academic penalties).

A Title IX attorney can ensure that your rights are protected during these proceedings. They can help you prepare and present your side of the story effectively, as well as answer any questions that the panel might have. Additionally, they can challenge any decisions made at the hearing that violate your civil rights. This might involve filing a complaint with the federal office responsible for enforcing Title IX or potentially pursuing a private lawsuit against your school in federal court. Both options will allow you to recover damages if they can prove that the institution breached its obligations under Title IX. They will also be familiar with the nuances of these cases and how they differ from other civil rights claims.

Representation in Appeals

When a university or college begins a Title IX investigation, it must follow strict procedures and provide both parties the opportunity to present evidence in a hearing. This process typically includes interviews with the accused student and any witnesses involved. The hearing may then recommend whether sufficient proof exists to pursue disciplinary action against the respondent.

It’s important to understand that the burden of proving guilt in Title IX cases is much lower than in criminal trials. A good Title IX lawyer will know how to gather and preserve any relevant evidence. They will also understand how to prepare their client for any interviews or meetings with school officials.

Title IX Lawyer Flagstaff can also help with the informal resolution process or other alternative ways to avoid a formal hearing and possible sanctions. They can help students protect their academic credits, financial aid, and employment opportunities.

A Title IX attorney can review a school’s policies and regulations to ensure that they are following federal guidelines. They will also look at the evidence to determine if any violations occurred and how those violations could be remedied. In addition, they will review any relevant documents or evidence that has been presented at the hearing. If they believe that the school has failed to meet its obligations, they can file an appeal.

Representation in Federal Court

The specialized expertise of a dedicated Title IX attorney can be invaluable in navigating the complexity of reporting and litigating a sexual assault or harassment complaint. Our attorneys have successfully handled cases throughout the country and even in federal court, where necessary, and regularly obtain favorable results for their clients, including course final grade changes, significant tuition refunds and awards, significant disciplinary actions against student perpetrators and tenured faculty members, and policy changes at nationally recognized universities.

Any school, college, occupational or trade school, high school, or elementary school that receives federal financial assistance must comply with Title IX and investigate any reports of sexual harassment or other misconduct by students. This can include sex harassment based on the protected categories of gender, age, race, disability, national origin, religion, or sexual orientation.

Because these investigations and hearings are conducted under a preponderance of evidence standard instead of the criminal standard of guilt beyond a reasonable doubt, the burden of proof is on the accused student-defendant to prove their innocence. This can lead to biased or unfounded findings, and our lawyers will protect a student-defendant’s rights at every step of the proceedings by recording objections and establishing a record that can be used on appeal. They will also serve as a communication middleman to avoid statements that could tarnish their defense, and they will push for an efficient and fair investigation and resolution of the matter.



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