If you're a student at a college or university in New York and you find yourself facing a Title IX hearing, it's critical to take necessary steps well in advance of the hearing itself. At a given time during the course of the Title IX case, the school will present a investigation report. Prior to it being finalized, it needs to be responded to as strongly and as effectively as possible. All necessary documentation and information and evidence would need to be included in the final investigation report: at an absolute minimum, relevant text messages, social media posts, pictures, videos, witness statements, a toxicology report, if consent is an issue, a forensic evaluation, a polygraph examination. All of this information needs to be presented in the investigation report because once finalized, it is presented to the hearing panel.
The hearing panel reviews it in advance of the hearing itself and has a strong sense of the case before the hearing even takes place. Attacking the accuser's credibility is often key throughout the course of the case, including at the hearing. So questions would have to be prepared for the accuser and their witnesses. With that in mind, the accused and the accused witnesses would have to be prepped and prepared accordingly. An opening and closing statement would have to be drafted. Potential missteps and pitfalls that can take place during the course of the hearing that a party would have to be prepared for, the hearing panel itself would have to be considered for potential bias and conflict of interest. An Experienced attorney advisor can help an accused maximize the prospect of success both in advance of the hearing and at the hearing itself.
