Why You Should Consult a Title IX Lawyer
If you feel that the disciplinary procedures at your school are unfair, then you should consult with a Title IX lawyer. Our New York, NY Title IX attorneys can offer you expert advice and counsel.
Our law firm defends students accused of violating Title IX policies in a variety of ways. Our clients have challenged bias and procedural error at their school's proceedings.
Gender Based Discrimination
Title IX of Education Amendments of 1974 is binding on most schools, college and universities receiving federal funding. This federal law prohibits discrimination based on sexual orientation in all educational activities and programs, including the campus environment. In order for schools to protect students they must conduct Title IX inquiries and disciplinary hearings. This can include interim measures such as no-contact orders, which prevent students from contacting an alleged victim. This can negatively impact the academic and social life of the accused student.
Gender based discrimination also includes indirect discrimination. This is discrimination based upon the perception that a person is male or feminine, and direct pregnancy-based discrimination. This occurs when women face discrimination or are denied jobs because of their pregnancy or potential pregnancy. Many schools hire investigators who may have biases which can lead them to overlook or ignore exonerating evidence.
Sexual misconduct is a serious crime that can have many negative effects on students. If a college finds out that a student athlete has committed sexual misconduct, they may reduce or cancel their scholarship. It can also have other negative effects on a student's career and education.
A Title IX Lawyer Dekalb can help a student defend against accusations of sexual misconduct. A lawyer could, for example act as a communications intermediary to keep the investigator's comments from the accused students so they can't be used against them. A lawyer may also be able to help the student mount a solid defense by gathering proof that consent was given.
Title IX requires federally funded schools to investigate allegations of sexual harassment and other forms of discrimination. It also prevents universities from denying men and women the same access to programs, educational benefits and facilities based on sex discrimination.
Student Athlete Discrimination
Students who are accused of Title IX violations can be subjected to numerous interim measures such as a "no contact" order, which restricts the respondent from having any physical or electronic communication with the complainant. This can severely impact a students' ability to participate on campus, including in social fraternities and other sororities. It can also have an impact on academic participation.
An experienced Title IX attorney can challenge the evidence, questioning witnesses and pointing to inconsistencies. They can raise questions about school procedures and investigations, and make sure they are consistent with Title IX laws.
Investigators may contact former teammates or classmates, which can be a challenge when it comes to Title IX claims. They may use hearsay as evidence against the accused and this could seriously weaken their defense. A skilled attorney can mitigate this problem by using experts to support a student's defence.
Many college disciplinary hearings focus on Title IX sexual harassment and assault claims. These cases may also involve a range of other discrimination concerns.
In order to receive federal funds, universities are required by law to follow certain mandates for handling Title IX claims. Title IX hearings must be held in accordance with due process guidelines.
In these proceedings, schools typically believe the complainant's version of events unless there is compelling evidence to the contrary. This means that accused students must make a strong case for their innocence to the school panel.
If you're the target of a Title IX probe, you need to contact an attorney who is willing to go above and beyond when it comes time to collect and analyze evidence. A lawyer can assist you in filing a complaint to the DOE-OCR, if you think that your university handled your case improperly. This could result in additional sanctions that are separate from the penalties your school might impose on you.