Title IX safeguards all students, staff, and faculty from sex discrimination in school, including protection from sexual violence, sexual assault, and sexual harassment. Recently, cases like this have become progressively hostile, usually featuring many accusations and resulting in severe legal and social harm for the liable party. Even people who face unsubstantiated accusations and those acquitted along the way may be adversely affected. You need legal protection. 

At Fresno License Attorney, we specialize in cases like these. We have an irrefutable track record of success in helping staff and students realize the most favorable outcome during the disciplinary process, usually protecting their careers and enrollment. Call us to talk to a highly experienced lawyer about your matter and how they can best protect your reputation.

Title IX Overview

Title IX is a federal civil rights statute implemented in 1972 that is commonly associated with the duties of academic institutions to provide equity. The law states that any educational institution that receives federal funding cannot discriminate based on sex. This includes colleges, universities, and K-12 schools.

Title IX safeguards against sexual violence, sexual harassment, domestic violence, stalking, discrimination in sports or classes, retaliation for reporting, et cetera. It applies to staff, students, and faculty. Thus, if you are subject to any of the violations mentioned above in a California school, Title IX protects you, and the school may hold the school accountable.

Unlike a typical criminal investigation, Title IX proceedings are usually pursued by educational institution employees instead of the police. The people facing discipline might not necessarily be provided the same due process and other civil rights protections necessary in a criminal investigation. For example, an administrator or student might not be appointed a defense lawyer or advised to find an attorney to help them respond to the disciplinary proceedings.

Simultaneously, universities, colleges, and other educational institutions usually face tremendous external and internal pressure to quickly blame someone and impose severe disciplinary action against supposed offenders, even when there is insufficient or conflicting evidence of wrongdoing.

Apart from federal Title IX, California also has state laws. These are:

  • Education Code (EC) 221.5, which forbids sex discrimination in activities and academics.

  • EC 66250, which bans sex discrimination in community colleges.

  • EC 221.7, which necessitates schools to establish harassment policies.

These laws provide double the protection. Thus, any California academic institution must comply with federal Title IX and state laws.

Other College Disciplinary Proceedings

Apart from Title IX proceedings, students, staff, and faculties may face disciplinary proceedings from educational institutions connected to alleged misconduct. This may include proceedings for supposed:

  • Hazing.

  • Violations of alcohol and drug policies. 

  • Theft of trade and research secrets. 

  • Academic misconduct, such as falsifying school documents, cheating, and plagiarism. 

  • Professional misconduct.

  • Physical assault.

  • Bullying and cyberbullying.

  • Possession of a knife or firearm.

  • Fighting.

  • Hate crimes.

Like Title IX proceedings, high schools, universities, and colleges might pursue other kinds of disciplinary proceedings against faculty members and students outside of the legal system in prosecutions presided over by academic institution officials but which might not offer the accused the due process protection they deserve, irrespective of the fact that the accused persons might face severe collateral and immediate consequences after the proceedings.

Understanding The Objective of Title IX Investigations

Title IX investigations are fact-finding missions that examine complaints or allegations connected to sex-related harm in academic institutions funded by the federal government. These academic institutions are obligated to adhere to Title IX regulations and to probe reports of sex-related incidents comprehensively. The investigations aim to find policy-related violations, and the academic institutions' responsibility is to establish whether an escalated accusation went against their policies.

Police officers are tasked with establishing whether the supposed incident was against the law. An academic institution will likely lose federal funding if it does not respond swiftly and carry out a just investigation. Depending on the kind of violation, the investigation coordinator might be obligated to work hand in hand with the police.

Investigations should occur within 60 days of a complaint being filed. The time frame may be extended when a witness is unavailable. The investigation process under Title IX moves through various crucial stages, as explained below:

  • Notifications—A notification is sent to the accused party or parties stating a complaint has been filed against them, and a probe will start. The accused person or persons must be told about what the investigation process entails, their rights, and the accusations of a sex-based violation against them.

  • Fact-finding—A Title IX investigation requires collecting all the relevant facts and items, including email, documents, audio, mobile phone records, social media photos and posts, video, and more. The respondent and complainant are interviewed. Other parties that might have witnessed the alleged violation are also interviewed.

  • Evaluation—The investigating officers will comprehensively review the evidence collected. The evidence and facts must then be submitted to the respondent and complainant, who are given a minimum of ten days to review the information. Should either side feel there is an error, it can be handled.

  • Determination—A completely separate party must determine whether or not a violation happened. Two standards of proof are usually used to make this determination: clear and convincing evidence and a preponderance of the evidence.

The clear and convincing evidence standard of proof applies when the evidence determines that the accusations are significantly more likely to be true. On the other hand, the preponderance of the evidence standard requires proof that there is enough evidence to establish that it is more likely than not that the violation happened. Note that these standards of proof are much lower than the ‘beyond a reasonable doubt’ standard required in criminal cases.

  • The report—afterward, a report will be issued that states the accusations, policy violated, parties involved in the case, and a summary of the evidence gathered. The parties in the case must be provided with the final report at least ten days before it is finalized to give them enough time to respond.

Once the investigation is completed, the respondent and complainant can appeal the final decision and demand a review. And if there is no request for an appeal, sanctions will be imposed. The Office of Title IX will then be obligated to recommend the various available counseling options. It can also escalate the final decision to the police for a criminal process if it is determined that criminal activity took place.

Note that the parties in Title IX investigations have the same rights that should be upheld throughout the process, and the process must be impartial and fair. The policy concerning prohibiting gender discrimination should be widely distributed, accessible, and available to the academic institution’s community, generally published in print and online as a code of conduct and in handbooks.

Consequences of Title IX and Other Disciplinary Proceedings

Since Title IX and other college disciplinary proceedings might not seem as formal as civil or criminal litigation proceedings, some people mistakenly fail to engage a skilled defense lawyer to help them fight the proceedings effectively. That might be because of misconceptions regarding the severity of the repercussions of Title IX or other disciplinary proceedings, fear that hiring a defense lawyer implies guilt or other concerns that would make it inappropriate or ineffective to work hand in hand with a lawyer in navigating the proceedings.

You can be subject to adverse repercussions for your future and immediate prospects if you do not obtain expert legal representation in Title IX or other academic disciplinary proceedings you face. You may face termination, suspension, or expulsion from the institution, which can lead to an inability to recover expensive fees, challenges in joining another educational institution, and a public disciplinary record that may damage other opportunities, like future employment.

Other disciplinary actions you may be subject to include probation, lost time, lost tuition fees, loss of future wages, financial restitution, reputational damage, and damage to your academic record.

A finding of misconduct may also form the basis for a civil suit claiming significant financial compensation or criminal proceedings where prison or jail time will be sought. Additionally, Title IX or other college disciplinary proceedings, which usually proceed very fast before a person has time to process the resulting consequences, may be challenging to appeal later. Therefore, it is crucial to consult a skilled defense lawyer if there is a likelihood of harsher consequences.

Key Rights and Protections Under Title IX

Academic institutions have particular responsibilities stated under Title IX that will benefit you. The most significant Protections are:

  • Every academic institution should have a Title IX coordinator to handle complaints.

  • Academic institutions must respond equitably and promptly whenever you escalate a sexual harassment case.

  • Your academic institution must take interim actions, such as class accommodations, dorm changes, counseling, or no-contact orders, to assist you in feeling safe on the institution’s premises.

  • You are entitled to make a confidential report if you wish. You could speak with advocates, nurses, and counselors without triggering an investigation.

  • Protection from retaliation. Academic institutions cannot retaliate against you for escalating a sexual violence incident.

  • You have the right to a just disciplinary process when you escalate an incident of sexual assault. You will be allowed to submit evidence and have an advisor. Academic institutions must also be impartial.

  • Hold your academic institution responsible if they do not assist you. You could file a federal complaint or even sue them.

Understanding these rights helps you advocate for yourself and hold your academic institution accountable. Coming forward is much easier, and you do not have to remain silent if a sexual violence or harassment incident impacts your education. An experienced attorney will ensure your institution complies with their duties.

How a Lawyer Can Help

There are several ways an attorney can assist if you have experienced sexual harassment or assault at an academic institution. Here are some of them.

  • A lawyer will guide you in bringing a complaint and advise you on what will happen next.

  • They will help you investigate the alleged misconduct and collect evidence, such as witness statements and texts, to demonstrate what happened.

  • They will conduct witness interviews for you.

  • They will accompany you to the disciplinary hearings and represent and support you.

  • Having an attorney present will prevent school officials from bullying you or ignoring due process in their efforts to prove you committed misconduct.

  • A lawyer will negotiate with the academic institution for a just outcome for you.

  • A lawyer will assist you in filing a complaint with the United States Department of Education if the institution does nothing or retaliates.

  • Help you file a civil suit against the police against the institution if it mishandled your matter under Title IX.

Find an Experienced Title IX Attorney Near Me

Whether it is a current or possible Title IX proceeding or any other college disciplinary proceeding, responding as effectively and quickly as possible is crucial. Even though disciplinary proceedings that an academic institution pursues may initially seem less severe than those pursued in criminal or civil cases, the eventual long-term and short-term repercussions can be devastating.

Apart from the likelihood of a suspension or expulsion, a finding of misconduct at the end of these proceedings may further lead to an expensive lawsuit against you and possible criminal consequences that can damage your future career interests and reputation. Consequently, you need to consult a lawyer as soon as you learn you are subject to Title IX or other academic disciplinary proceedings so they can aggressively defend your interests throughout the proceeding and protect your present academic standing and future endeavors.

At Fresno License Attorney, we are highly experienced in Title IX and other college disciplinary proceedings. We expertly help our clients navigate these intricate matters. Our lawyers have represented clients in administrative proceedings before school boards, negotiations with high schools and universities, and related civil hearings. We know how highly sensitive and personal Title IX and other academic disciplinary proceedings are for the involved parties, and we work hand in hand with clients to ensure the process is discrete, swift, and effective. Call us at 559-777-7040 for a consultation.