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 that attends a college or university in Oregon and you're facing a Title IX hearing, it's necessary to take critical steps as early as possible in advance of the hearing itself. At a point in time during the course of a Title IX case, the school will present an investigation report. Prior to the report being finalized, it needs to be responded to as strongly and as effectively as possible. All relevant documentation, information and evidence needs to be included in the final investigation report. For example, at an absolute minimum; relevant text messages, social media posts, pictures, videos, witness statements, a toxicology report, for example, if consent is an issue, a forensic evaluation, a polygraph examination.
Anything and everything needs to be done to make the report as strong as possible. Because once finalized, the investigation report is presented to the hearing panel. The hearing panel reviews that in advance to the hearing, and has a strong sense of the case before the hearing even takes place. Attacking the accuser's credibility is key throughout a Title IX case, especially at a hearing. So questions would have to be prepared in advance of the hearing for the accuser and the accuser's witnesses, and accused witnesses would have to be prepped and prepared accordingly for purposes of the hearing.
Expert witnesses would have to be arranged as necessary, the hearing panel itself would have to be considered for potential bias and conflict of interest. A opening statement, a closing statement would have to be prepared, a accused would also have to be prepared for any potential pitfalls or missteps that could take place during the course of the hearing process. An experienced attorney advisor can help make the hearing process go as smoothly as possible, and should be involved as early as possible in a Title IX case.