When you or a loved one is under investigation for an allegation of sexual misconduct, it is important to have an attorney who is familiar with Title IX and understands your legal rights. A good defense lawyer will help you navigate this sometimes complicated disciplinary process and hold the school accountable for its violations.
Reviewing the school’s Title IX policies is the first step to defending a Title IX complaint. These policies and procedures may vary from one school to another, but generally include definitions for what constitutes “consent”, whether a student can engage in offcampus activities, how to handle allegations about sexual misconduct, and how to address them.
You should also review the school’s appeal policies and procedures. These include how to file an appeal request and what happens after you have filed an appeal. You should also find out the standard of proof in a Title IX hearing, and how long you have to file your claim.
A good defense Title IX Lawyer Spartanburg can help you determine which laws and regulations are applicable to your case, such as the Federal Family Educational Rights Privacy Act (FERPA), Americans with Disabilities Act(ADA), and the Age Discrimination in Employment Act. Your lawyer will also be able examine any other applicable laws that could have an impact on the outcome.
Your attorney will need examine all evidence supporting your claims. This includes everything from emails and texts to interviews with witnesses. Your attorney will then compile this evidence into a pleading.
This pleading must include all documentation and contact information of witnesses who will testify on your behalf. Your attorney will then present this evidence to the Title IX investigator of the school, who will begin collecting evidence.
The investigator will then schedule the intake meeting with both the respondent as well as the complainant. This is the first stage of an investigation and allows both parties to discuss their side of the story.
It is important to be careful about what you say during interviews and how you communicate with others. Even the most innocent of statements can be used against one.
Without an attorney, it is best to not discuss Title IX cases with family or friends. An experienced, knowledgeable and zealous attorney is a great way to increase your chances for a positive result in your case.
A good defense attorney has experience in representing students accused under Title IX at all types and universities.
Your attorney can also help you prepare for any upcoming hearings or meetings by giving advice to the Title IX investigator. This includes preparing yourself for any disciplinary consequences you may face, such a loss of housing or suspension.