If you have been accused of sexual misconduct in a college environment, you may want to file a complaint against the school. Title IX of the Civil Rights Act gives you this right, prohibiting discrimination in colleges and universities based on gender. Failure to comply with Title IX can mean a school loses its federal funding like student loans or grants. This is the reason a lot of schools have established disciplinary procedures to favor victims over the accused. But, Title IX also gives protection to the accused from bias in the disciplinary process. Therefore, you should get unbiased hearing examiners and procedures. A nationwide Title IX defense lawyer can help you understand the rights the law gives you.
Title IX Defense
To defend yourself against a sexual misconduct allegation in your college or university, you need to assess the disciplinary procedures of your school to ensure they give you the rights required by Title IX. Because every college has different and complex procedures, you should let a Title IX defense lawyer do it for you. Your attorney can advise you on how you can protect your rights and document injustices when you have to seek a federal court to challenge an unfavorable result.
The Appeal Process
Under the appeal process of most colleges and universities, the alleged victim and the accused can appeal the findings of the panel to the university president or other official. Also, the appeal process should be free of bias against sex. Your attorney can help you appeal the finding and sanction if the panel finds you responsible for violating the school’s policy. If you are not found responsible, your lawyer can advise you in preparing your appeal in response to the accuser’s appeal.
What to Expect When the College of University Finalizes Its Decision
If the panel makes an unfavorable decision, you can bring a Title IX case in court to challenge it. If you do this, you need to demonstrate the school was biased or discriminated against you based on your sex. Also, you must prove such action as intentional.
When to Hire a Lawyer
The complexity of a Title IX defense shows the need to have a lawyer as early in the process as possible. Your lawyer can identify shortfalls in the school’s disciplinary procedures, process biases, and issues with the way the hearings were conducted, and the officials of the university making the decisions. Contacting an attorney sooner than later reduces the risk of you missing a defect or waiving your rights.
Written by Spencer Calvert