Under Title IX, schools receiving federal funds (which includes most all colleges and universities) must guarantee students an equal opportunity to get an education regardless of gender. This law has been interpreted to require colleges and universities to prevent and deal with sexual misconduct and sexual violence that could interfere with the learning environment of students based on their gender.
In the midst of the U.S. Department of Education's focus on sexual assault and misconduct, colleges and universities are facing intense pressure and conflicting interests as they develop, enforce and evaluate policies and procedures to prevent and address sexual assault and misconduct.
While the college or university disciplinary process does not result in a criminal sentence, the information gathered by the school and the determination by the school can still have lasting implications both in the student's personal and professional life as well as in the criminal process. Students facing sexual assault allegations in the campus judicial system must defend themselves against the life-changing finding of guilt without due process protections that they would normally receive in the criminal justice system. Unfortunately, even well-intentioned Title IX policies are simply not designed to handle cases involve the subtle and complex issues involved in sexual assault cases.
We represent college and university students who have been accused of Title IX violations and need an adviser or advocate to assist them in defending themselves in campus proceedings.
If hired to represent a student in a Title IX investigation we will fight for the student to receive the appropriate due process protections and guide them through the process.
We advise clients "behind the scenes," and may frequently accompany them to university interviews and hearings at their school.
The types of sexual assault and misconduct allegations in the campus context may vary. In addition to the situation where one student brings an internal complaint against another student for non-consensual sexual activity, we will advise our clients when they have faced the following:
- Allegations by a student of sexual harassment and assault when criminal charges are pending (or criminal charges are possible)
- Allegations or complaints against a student for non-consensual sexual activity
- Allegations of rape of a student by guests of other students
- Allegations of rape by a female student against another female student
- Allegations of rape by a male student against another male student
- Allegations involving students in a dating relationship making complaints against the other for physical assault, stalking and/or violations of a restraining order
- Lawsuits where a male student claims the school violated Title IX in connection with disciplinary action against him as a result of a Title IX investigation
If a student is accused of sexual assault, the student should hire an attorney to argue for a fair hearing where the student receives due process.
We are dedicated, reputable student defense lawyers. At our law firm, you can depend on personalized, focused attention from lawyers who genuinely care about you and your case. Our experience covers the spectrum from work in a prosecuting role to defense advocacy in the most serious criminal matters. For a free initial consultation, please call 254-304-6354 or send us an email now