A Title IX Lawyer Can Help Students Defend Against Sexual Harassment Allegations

When students face accusations of sexual assault or misconduct, their educational institution may launch a Title IX investigation. An experienced attorney-advisor can help you defend yourself against these proceedings.

Your school will set a hearing date and name one or more individuals to oversee the proceedings and serve as decision-makers. At the hearing, you will be allowed to call witnesses and present evidence in support of your case.

Education

When allegations of sex harassment or misconduct are made in educational settings, they can have serious consequences for students. This is especially true for students in higher education. If an accusation is found and sanctions imposed, it can affect their career or educational prospects for years.

Many schools have their own Title IX offices that conduct investigations and hearings. They are often forced to make decisions with limited information and under pressure to believe their accusers. This can lead to accusations that are unfair or unfounded.

In addition, these hearings are conducted under a preponderance of evidence standard, rather than the beyond a reasonable doubt standard used in criminal court. This can mean that the accused are at a disadvantage unless they have a skilled attorney. Our Long Island Title IX lawyers can act as a mediator and serve as an advocate throughout the process to ensure that important evidence is not overlooked. We also represent students on appeals when their cases have been mishandled or if their basic due process rights have not been respected.

Employment

Students who work as teaching assistants or coaches are considered employees under Title IX and can be subject to university disciplinary hearings for misconduct related to their employment. A Title IX defense lawyer can help a student defend against an unfavorable outcome.

Title IX Lawyer Flagstaff can also analyze whether a school’s policies and procedures are fair given the federal laws they are based upon. For example, a university-hired investigator might be biased if they realize their employer’s funding is at stake. This could motivate them to overlook key evidence in a case.

A Title IX defense lawyer can appear at a college hearing to make sure the accused is granted fundamental rights of defense, such as reviewing statements made by complainant and witnesses and being permitted to question those individuals under oath. The attorney can also prepare to file a Title IX lawsuit, if necessary, against the school. A nationwide experienced Title IX attorney is best positioned to do this.

Civil Rights

Under Title IX, federal law prohibits discrimination based on sex in educational institutions that receive any federal funds. When an institution is found to have violated Title IX, it must take immediate corrective action or risk losing some or all of its federal funding. Students or other people who have been harassed can also file a civil lawsuit against a school for compensation.

When a school receives a complaint of sexual harassment, it must review its policies and programs to see whether they are discriminatory in any way. This is especially important in athletic contexts, where schools may have male-only admissions policies.

A skilled Title IX defense attorney can help you compile compelling evidence that proves your rights have been violated. Our attorneys can also help you navigate the complex process of filing a complaint to the federal government. Bringing a complaint against your school can be intimidating, but we will fight to protect you from retaliation.

Sexual Harassment

Sexual harassment is any type of unwanted sexual behavior that is either verbal or physical. It can be committed by any person, including children and teens. It is a form of discrimination that violates both Title IX and federal civil rights law.

Victims can file an administrative complaint or a private lawsuit. Civil suits allow victims to recover financially for their harm. However, the two types of lawsuits cannot be pursued at the same time.

It is important to consult an attorney early on in the process. An experienced Title IX violation lawyer can help you navigate the complexities of this case and protect your rights.

A skilled Title IX defense attorney can also help you resolve your case without a full hearing in a procedure known as informal resolution. This requires a highly-skilled attorney and cooperation from both parties. We defend students, staff and faculty who find themselves accused of violating their school or university code of conduct involving sex misconduct, sexual harassment and/or assault.

 

 

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