Why You Need a Title IX Lawyer

When a student makes a complaint of sexual harassment or assault against another, schools often engage in lengthy and complex disciplinary processes. These include investigations, hearings, sanction boards and student panels. These proceedings can result in severe penalties for the accused.

A Title IX lawyer can help you navigate the process and ensure that your rights are protected. He or she will review the school’s investigation and disciplinary policies to identify any bias or violations of procedure.

Discrimination on the basis of sex

Title IX prohibits discrimination on the basis of sex in educational institutions that receive federal funding. It covers everything from admissions, extracurricular activities, housing and counseling to financial aid, student loans and health insurance. It also protects students from sexual harassment and violence.

Stalking, voyeurism and exhibitionism are examples of sexual harassment and sex-based violence that violate Title IX. These acts can include rape, extortion and assault. They can occur in and out of school. They can happen to women, men and non-binary individuals. They can affect anyone in an educational environment, from teachers to administrators and coaches.

If you feel you have been discriminated against, it is important to consult a lawyer immediately. A skilled Title IX Lawyer Tucson can assist you in filing a complaint or an appeal and help you obtain the justice you deserve. A dedicated Title IX violation lawyer can also guide you on whether sex-based discrimination has occurred. For example, a sex-based violation of Title IX may include misconceived stereotypes or harassment based on sexual orientation and gender identity.

Due process

Schools that receive federal funding must follow Title IX, which gives individuals the right to file complaints against public and private colleges, trade schools, vocational schools, and K-12 education. The law requires that these schools have disciplinary panels to investigate and adjudicate claims of sexual misconduct and assault. These panels are not akin to the United States judicial system, and their members may be biased against an accused individual.

They often operate in a rush, with investigators only able to spend short amounts of time interviewing alleged victims and witnesses. This leaves a lot of exculpatory information out of the investigation. A dedicated Title IX lawyer can protect your due process rights and help gather evidence during the investigation. They will also record objections if there is bias or violations of procedures so that these issues can be brought up on appeal. This can prevent a case from being subject to double jeopardy, meaning that you could be accused again after being found “not responsible.” In some cases, students can lose student housing or even expulsion.

Representation at a hearing

Whether you are the accuser or a respondent, it is essential to have an attorney with you at a hearing. A Rochester Title IX lawyer can help you present documented evidence such as medical records, text messages and social media posts to strengthen your case. They can also recommend witnesses to testify on your behalf and assist you with questioning of both parties during the live hearing.

The attorney can identify elements of your school’s adjudication process that may be abridging your rights and assist you with challenging these issues in a civil lawsuit if necessary. The attorney can also help you prepare to appeal any outcome in which you are found responsible. The attorneys have extensive experience representing students and professors in campus disciplinary proceedings. They have successfully secured course final grade changes, reversals of expulsions and other significant sanctions, monetary awards for survivors, tenured professor firings, and policy changes at top national universities.

Appeals

If a school finds that you have committed a Title IX violation, you can appeal the decision. Each school has a different process, but an appeal can be more effective when it includes context and personalizes the case. It also helps to include some supporting evidence and case law citations.

Schools that receive federal financial assistance must comply with Title IX. This includes public and private colleges, vocational, trade, and high schools. It also includes schools that offer post-secondary courses and professional programs, and those that sponsor sex research or conduct sex education programs.

When a university commits a Title IX violation, it can face fines and loss of federal funding. In addition, it may lose the right to grant federal financial aid to future students. If you believe that a school has violated your rights, it is possible to file an administrative complaint or a civil lawsuit. A civil suit allows you to recover compensation, but it is important to consult with an attorney before proceeding.

 

 

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