In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
If you're a student at a college or university in New Mexico and you find yourself facing a Title IX hearing, it's critical to take necessary steps well in advance of the hearing. The school will prepare an investigation report at a given time. Prior to it being finalized, it needs to be responded to as strongly and as effectively as possible.
At a minimum, text messages, social media posts, pictures, videos, witness statements, a toxicology report, if consent is an issue, a polygraph examination, a forensic evaluation, all necessary information documentation and evidence would need to be included in that final investigation report. Once finalized, it's presented to the hearing panel, the hearing panel reviews it in advance of the hearing, and has a strong sense of the case before the hearing even takes place.
Attacking the accuser's credibility is often key. Questions would need to be prepared with that in mind for the accuser and their witnesses. The accused and the accused's witnesses would have to be prepped and prepared accordingly also. Expert witnesses would have to arranged for. An opening and closing statement would have to be drafted in advance of the hearing. The hearing panel itself would have to be considered for potential bias or conflict of interest. Many steps have to be taken to ensure a fair and favorable outcome at a hearing. An attorney-adviser can help with these steps.
