Consequences Of A Title IX Hearing
If you or someone you know has been accused of violating Title IX, you may be wondering how you should proceed. The consequences of a Title IX hearing can be potentially devastating to the reputation and career of the accused. Attorneys Kara Hoopis Manosh and Elizabeth Payette are experienced Rhode Island Title IX defense lawyer who can provide guidance and ensure that your rights are respected throughout the Title IX hearing process. Contact our offices today at (401) 854-7794 for a free case strategy session.
What Is Title IX?
Title IX legislation was originally passed in 1972 as part of the Education Amendments. It was a follow-up to the Civil Rights Act of 1964 and added gender or sex as a protected class. Title IX prohibits discrimination based on sex or gender primarily in athletics and school admissions at educational facilities that receive federal funds. While the legislation was originally designed to prevent discrimination related to athletics and admissions, the law has been applied to include situations of sexual assault, sexual harassment, and other forms of sexual violence like rape and sexual battery at these educational facilities as well.
2020 Updates To Title IX
Title IX was recently updated in 2020 in a document called the Final Rule. A summary of the various provisions in the Final Rule can be found here. This historic update to the Title IX legislation brought significant changes to certain areas of Title IX. The Title IX Final Rule now gives an option to post-secondary education (i.e., colleges and universities) to either require mandatory reporting of violations or confidentially report those violations to designated employees. This means that each school will have a different set of rules related to reporting and due process once a complaint is filed.
Consequences of a Title IX Hearing
There are many potential consequences of a Title IX hearing. If protection or representation is not given to the accused by the college or university you may be losing out on the right for evidence to be presented that may affect the final decision. If a decision comes down against you in a Title IX hearing, consequences may include:
- Academic probation
- A job change if you were employed by the university
- Loss of employment outside the university
- Loss of tenure if you are in a teaching position
- Criminal charges
- Prison time
- Permanent marks on your record or reputation as a result of the allegation
- The mental and emotional stress of defending yourself (while attending classes, studying and taking final exams)
It is important to note that a Title IX hearing itself is not a criminal trial but if the accuser decides to file a report with local law enforcement, criminal charges may be brought simultaneously as well. The consequences of a Title IX hearing can be astronomical and may impact your life forever.
Understanding the Title IX Hearing Process
The Title IX hearing process can be overwhelming. Here are some of the main challenges to examine regarding Title IX and a Title IX hearing.
Educational institutions have certain obligations that they must comply with related to Title IX. Schools are required to have a policy against sex discrimination and have a Title IX coordinator in place. They must have procedures for filing complaints of sex discrimination. Often, these procedures involve an investigation and a hearing. They must also respond quickly to allegations once they receive notice of an alleged Title IX violation.
Potential Pitfalls for the Accused
If you have been accused of a Title IX violation, there are certain ways that a school may attempt to violate your rights.
No Due Process
The first way that schools can place pressure on the accused is to not allow for due process. Students cannot be expelled without receiving notice and a hearing. Since rules for processing complaints are established by each school and they are not similar across the board, it often leads to most people not knowing what rights they have and the due process rules not being transparent. Each school decides its own level of burden of proof, the timeline for the investigation, and the hearing process. Without proper legal advice, it is possible that you may not follow the right procedures in order to be given the right to present evidence, and appeals may not be granted.
Assumption of Guilt
As soon as a violation claim is filed, there may be an assumption of guilt on the accused. While many people are aware that it is best not to share information without an attorney present, some schools will take the silence and use it against you as an assumption of guilt.
Hiring an Experienced Title IX Defense Attorney Can Help
Schools are required to provide notice if someone has been accused of a Title IX violation. If you secure an experienced defense attorney when you receive notice, you can be assured that we will fight vigorously for your right to be heard. We can help you prepare for the school's fact-finding investigation or hearing and prepare you for questions that you may be asked. We can also conduct our investigation before the hearing on your behalf. Throughout the process, we can be present with you to ensure that you are treated fairly and respectfully.
Contact Manosh Payette, LLC Today
Defending oneself against an alleged claim of a Title IX violation and protecting yourself from the potential consequences of a Title IX hearing can be stressful for you, your family and loved ones. Manosh Payette, LLC are experienced Title IX defense attorney We can ensure that you are treated fairly and that you are defended vigorously. Contact us today at (401) 854-7794 to learn more.