Does my child have due process rights in a Title IX hearing?

The short answer is yes, because Title IX is a federal civil rights law that's intended in part to prevent and address campus sexual misconduct, and because it is a federal law, your child would have due process rights under Title IX. Your child would also have due process rights if they attend a public university. It's a gray area at a private university. Although there's not traditional due process at private universities, there's been a small shift in some federal courts regarding the possibility of due process of private universities. That being said, a student does have contractual rights for, say, arguable breach of contract if there is this a failing on the school's part at both private and public universities. So overall, the answer would be yes, a student does have due process rights under Title IX.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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