If you're facing Title IX accusations, you deserve an impartial hearing – after all, Title IX sanctions can seriously affect your prospects. Professional bodies like the Association of Title IX Administrators (ATIXA) partner with schools to ensure staff conduct Title IX investigations effectively; for students accused of misconduct, though, “effectively” doesn't always mean “fairly.” So, if you're dealing with a Title IX allegation, here's what you should know about ATIXA and how you might challenge certain decisions based on a conflict of interest.
ATIXA and Conflicts of Interest
There's no doubt that victims of sexual abuse, harassment, or misconduct should be adequately supported. However, it's also true that Title IX entities like ATIXA are victim advocates. For example, they recently partnered with Representative Madeleine Dean to introduce a bill offering sexual violence victims more financial aid, and they may oppose increasing the due process rights available to accused students.
As such, there is always a risk that entities like ATIXA will automatically side with the accuser without properly considering the facts. From a legal perspective, this means a conflict of interest may arise if ATIXA has any role in Title IX investigations.
For example, if your school's Title IX coordinator receives ATIXA Title IX training, they may be more likely to accept the accuser's version of events even if there is little evidence available. They may fail to offer a fair and impartial hearing, and they may disregard evidence that could support your defense.
In other words, any ATIXA involvement could mean the odds are stacked against the accused student – but an experienced Title IX defense attorney can help.
How a Title IX Attorney Can Help
If a school finds a student responsible for Title IX violations, it's often possible to appeal the decision if you can show:
● the school failed to follow due process; or
● the decision maker's conflict of interest affected the decision.
An experienced Title IX attorney can determine if ATIXA is responsible for investigating your case, or if the school decision makers received training from such an organization. If there's ATIXA involvement, it might be possible to challenge the decision on grounds including:
● the school decision makers received biased and prejudiced Title IX training;
● you didn't receive the fair hearing you're entitled to; or
● the school failed to reach an impartial decision due to ATIXA involvement.
You should retain a knowledgeable Title IX attorney if you're facing such allegations – contact Joseph Lento to discuss your case.
Hire a Premier Title IX Attorney Helping Students and Families Nationwide
At the Lento Law Firm, we know how much is at stake if you're facing Title IX accusations. You deserve the chance to make your case before impartial adjudicators – contact attorney Joseph D. Lento and his National Title IX Defense Team today at 888.535.3686 or leave him a message online to discover how Attorney Lento can help you through the Title IX process.
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