The process which results from a Title IX complaint being filed against a party can start a long and emotionally overwhelming period of time for the accused party, which can include investigations, hearings, and disciplinary procedures. Having an experienced criminal defense attorney by your side can help ensure your legal rights remain protected.
Understanding Title IX
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational institutions funded by federal money. Students and employees of educational institutions benefit from different rights granted to them by Title IX. Students are protected from denials involving participating in sporting programs, harassment, or reducing grades in courses. Unfortunately, there are cases where innocent persons are wrongly accused of violating Title IX. If you find yourself the recipient of a letter indicating that you have been accused of a Title IX violation, consider visiting with an experienced criminal defense attorney to ensure you understand all of your legal options.
Understanding The Title IX Investigation Process
There are certain rights that you are entitled to throughout a Title IX investigation process. Kara, Hoopis Manosh, Attorney and Counselor at Law, is a criminal defense attorney who will defend your Title IX complaint will take you through the entire process, protecting those rights for you.
The Title IX investigation process begins once a Title IX complaint is filed. At this point, the investigation is officially opened, and notice will be provided to all parties.
At the beginning of the investigation, a person must be provided with written notice of the allegations made against them. Working with an experienced attorney can give you the benefit of understanding what types of evidence to gather, and which witnesses to interview in order to build your case.
The educational institution is legally required by law to provide all evidence collected during the investigation for your review. This evidence must be provided to you in order for you to have an opportunity to fully analyze, examine and respond to the allegations appropriately. A criminal defense attorney can utilize private investigators to collect additional evidence that will help clear your name.
Once the investigation is completed, the school must provide you with an investigation report, which summarizes the evidence, findings, and sanctions. Both parties have 10 days to respond to this report and provide arguments regarding the decision. Objections can be raised to the report, additional information can be requested, and legal challenges can be raised. A defense attorney has the experience to see what is missing, what is unfairly prejudicial, and what is violative of due process.
Some Title IX complaints will require a hearing. These hearings are required in post-secondary schools. The benefit of a criminal defense attorney defending your Title IX complaint will allow you to effectively cross-examine the opposing party and his or her witnesses. Cross-examination has been described as “the single greatest tool for uncovering the truth.” An experienced criminal defense attorney has spent years honing this skill. Because this process is very similar to a hearing or trial that takes place in court, having an attorney represent your legal interests can ensure justice occurs.
If the Title IX hearing concludes that the allegations do not meet the requirements of the specific Title IX violation, the school must dismiss all allegations. However, there are instances where the educational institution will conclude that a Title IX violation occurred. In these cases, there is still the possibility of an appeal. Many schools permit the Complainant to appeal a finding of no violation, at which point the Respondent must then answer to an appeal after winning the hearing. Defense attorneys with appellate experience are uniquely qualified to represent your best interests if the process turns into an administrative appeal.
If you disagree with the decision made by the investigators or the hearing panel during the hearing, you have the legal right to appeal it to higher management for review. Since no new evidence can be reviewed during that process, an experienced criminal defense attorney can help you decide whether there are additional legal avenues that provide an opportunity to appeal the decision. Additionally, a Title IX attorney can help you understand all of your legal options and help you understand if you have a strong chance that the higher management will consider overturning the decision made by the previous parties.
Benefits Of Hiring A Criminal Defense Attorney
If you find yourself accused of a Title IX violation, you likely feel overwhelmed and unsure of your next steps. Any actions you take following your notification of the investigation can potentially be used against you during the process. Visiting with an experienced criminal defense attorney can help you understand all of your legal options and help you make the best determination regarding the critical decisions you will need to make during this critical time.
Some of the benefits of hiring a criminal defense attorney to defend your Title IX complaint include:
- Providing you a complete landscape of all of your legal options and potential outcomes
- Thorough gathering of all evidence and interviewing all related parties in order to build a strong case on your behalf
- Providing a buffer between you and the other parties to ensure that no miscommunication occurs and that you have the peace of mind to ensure your legal rights are protected in each correspondence
- Creating a strong case on your behalf and provide legally supported arguments to defend your rights
- Provide you with representation throughout the entire Title IX investigation, even through an appeal, if necessary
Contact an Experienced Criminal Defense Attorney Today
If you are facing a Title IX investigation, you may have questions regarding your legal rights. If an educational institution finds you guilty of a Title IX violation, it may impact your ability to receive an education, and even your future career. If you are facing a Title IX complaint, consider learning more about all of your legal options by contacting an experienced criminal attorney. Kara Hoopis Manosh, Attorney and Counselor at Law at (401) 714-8926 can help you defend a Title IX complaint and ensure that justice occurs and your rights are protected.