Title IX Lawyers Help Students Fight Back Against School Discrimination

When students are accused of sexual misconduct, they must be given a thorough, fair and impartial investigation. Title IX Lawyer Phoenix help students defend their rights to due process and ensure schools follow federal guidelines.

When a school begins investigating allegations of harassment, dating violence or sexual assault, the result can have serious implications for the accused and their future career. It’s important to engage a Title IX defense lawyer right away.

Title IX

Students have many options when it comes to higher education, but not all schools treat them equally. If your school’s policies or programs appear patently discriminatory, contact a Title IX attorney to find out how you can fight back.

A Title IX violation could have a devastating impact on your academic transcript and career. Our attorneys will work to get you a fair investigation and hearing, and to defend against any allegations of sexual misconduct or assault that may arise during your case.

Universities and colleges have an obligation to protect their students from sexual violence. However, they often fail to do so, leading to investigations by the Department of Education and lawsuits by both complainants and accused. Our firm stays abreast of all developments in Title IX law and enforcement so that we can provide accurate advice on how these changes may impact your case. Our lawyers will also help you prepare for a potential appeal in the event that you are found responsible by your school.

Investigations

In many cases, schools investigate Title IX allegations with little to no time for an accused student or worker to present their case. This can leave exculpatory evidence out of the investigation, and it can also lead to unintentional bias. Our firm’s attorneys will make sure no stone is left unturned and that your rights are fully protected during a Title IX investigation.

Title IX investigators are supposed to evaluate evidence from an unbiased standpoint, ignoring their "gut feelings" and implicit biases. However, they are human and can make mistakes that could have a significant impact on your case.

Title IX hearings operate under a preponderance of the evidence standard, which means that the panel must find that it is more likely that you committed a violation than not. This is significantly different from the criminal law standard of beyond a reasonable doubt. A strong defense from our New York Title IX lawyer can protect your rights and help you avoid a finding of responsibility.

Hearings

The law requires that governmental/public recipients of federal financial assistance not discriminate on the basis of sex in any education program or activity. In the case of educational programs and activities, this includes a wide range of things such as forestry workshops sponsored by a state park receiving federal funds; local courses concerning how to start a small business that are funded by the Federal Emergency Management Agency; and even varsity athletic teams where participation is limited solely by membership in a certain sex.

However, there are important exceptions to this general prohibition, such as the need to have a logical and compelling justification for any classification based on sex that is necessary to achieve important governmental objectives (see Alexander v. North Haven, 456 U.S. 518, 525 (1982)).

This is why it is critical for universities to carefully review their rules and regulations relating to Title IX. The law applies to a broad variety of university activities, and as such, it can be difficult to determine whether a particular policy falls within the scope of the statute.

Appeals

Whether you’re the respondent or accuser, it is essential to collect as much evidence as possible to prove your innocence. Texts and emails, photos and videos, witness statements, and other documents are all vital to your defense. Also, be very careful about talking to others about your case, as it could be used as evidence against you.

If the investigator finds sufficient evidence, a hearing will be conducted before an adjudicator or panel to determine whether a violation has occurred and what sanctions should be imposed. This is where a New York Title IX attorney can help by presenting evidence and witnesses and challenging the credibility of your accuser.

Most universities give the complainant a right to appeal her decision and sanctions, and our Title IX attorneys are skilled at identifying deficiencies in disciplinary hearings and writing compelling appeal briefs. We can also file a civil lawsuit against the school if we determine that its actions constitute a violation of your due process rights.

 

 

  

Additional Resources: