If your college or university has charged you with Title IX sexual misconduct, it's important you act quickly and decisively to protect yourself. Title IX is a federal law, and schools are required to investigate all credible complaints and are encouraged to impose harsh penalties.
You have rights as the accused, but it's not always easy to know how to use those rights, and judicial processes and procedures can be difficult to navigate. You are entitled to an advisor and to choose an attorney to fill this role. Make the most of this right by hiring someone from the LLF Law Firm.
The LLF Law Firm's Student Defense Team exists to protect student rights. We're defense attorneys, but we work specifically in the area of student misconduct defense, including Title IX cases. We know what the law has to say about sexual misconduct. We're also familiar with your school's judicial processes and procedures. Most importantly, we're always on your side and ready to use every resource at our disposal to ensure you get a fair and just resolution to your case.
Wherever you attend school in the Lehigh Valley area—Lehigh, Lafayette College, Moravian College, or Cedar Crest—we're here for you. To find out more about just what we can do, contact the LLF Law Firm today to find out how we can help. Call 888-535-3686, or take time right now to fill out one of our online forms.
A History of Title IX
First things first. Just what is Title IX?
Title IX is a federal law that applies to all educational institutions receiving federal funds of any kind. Passed in 1972, it bars sexual discrimination and harassment on college and university campuses. In the beginning, this mandate was clear. All schools were required to treat women fairly in all aspects of campus life, from admissions to financial aid to classroom expectations.
It has been more than fifty years since Title IX first took effect. In that time, the mandate has shifted. In fact, the application of Title IX remains in flux even now.
- Colleges and universities across the country quickly fell into line with the law's basic intent. However, US courts eventually determined that schools didn't just have an obligation to refrain from sexual discrimination themselves. Title IX also required them to protect women from discrimination from other students. This meant schools were suddenly in the position of enforcing Title IX rather than just adhering to it.
- Later, courts determined that “discrimination” should be broadly defined to include harassment and other forms of sexual misconduct, including stalking, indecent exposure, dating violence, and even rape. Suddenly, educational institutions were in the position of making fine legal distinctions on enormously serious issues.
- Over the last several decades, Title IX has also become a political football of sorts, used by every presidential administration to define its ideological attitude towards gender equality, sexual orientation, and criminal justice. While the Obama administration broadened Title IX to include protections for the LGBTQ community, for instance, the Trump administration rescinded the same protections.
There are aspects of the law that have been established by the courts and remained consistent over a number of years. The most important of these is that women are entitled to protection from a wide variety of sexual misconduct offenses, including:
- Simple Harassment
- Stalking
- Dating Violence
- Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Sexual Harassment, Including Online Sexual Harassment
- Intimidation and Retaliation
Otherwise, much about the law remains subject to interpretation. There is no agreement, for instance, on what constitutes a minimal offense. There is no agreement on who the law applies to. And, perhaps most importantly, there is no agreement on how cases should be investigated and adjudicated.
What does all of this history mean for you? It means that if you've been accused of an offense, things can get very complicated very quickly. Current guidelines are complex, but you can't even be certain those guidelines will apply in your particular case. You need help. Serious help. The LLF Law Firm knows the law, inside and out. We've helped hundreds of students defend themselves from Title IX allegations. Just as importantly, we keep up with the changes that are constantly happening with Title IX. We know the politics. We know how Lehigh Valley schools go about enforcing the law. We can show you not just how to defend yourself within the system but how to use the system to your advantage.
Title IX Allegations
While it remains to be seen whether current government enforcement guidelines will hold, a set of rules and regulations governing investigations and hearings was established in 2020 and remains in effect.
You should know that anyone can find themselves accused of committing sexual misconduct. The law does not discriminate between athletes, honor students, student body presidents, and everyday common chemistry majors. Nor do you have to have committed an offense. Misunderstandings happen all the time when it comes to relationships. Occasionally, false allegations happen.
Likewise, anyone can level an accusation at you. Some cases involve an alleged victim reporting misconduct. In other cases, a third party is involved. All colleges and universities have designated faculty and administrators responsible for taking reports. At Lehigh University, for example, all supervisors, including department heads, serve this role. At other schools, all employees are required to report any knowledge they may have of misconduct.
However, all accusations must ultimately be forwarded to the school's designated Title IX Coordinator. This Coordinator must sign off on any official complaint. This means there is an opportunity, between the time a report is lodged and the Coordinator opens an official investigation, for your LLF Law Firm attorney to intervene. Accusations that are non-credible or non-actionable can be dismissed outright.
You should contact an LLF Law Firm attorney early in the process for another reason as well. They can be at your side from the very beginning, protecting your rights and ensuring you don't make any missteps that could affect your case later.
Title IX Investigations
If you have been officially charged, the Coordinator will then appoint an investigator to uncover the facts of the case.
Keep in mind that, from start to finish of your case, you have important due process rights. One of the most important is the right to a presumption of “not responsible” (innocent). Your school bears the burden of proving your guilt, and it cannot do that without a “preponderance of evidence.
As part of the investigation, you are entitled to
- Notice of the Charges: The school cannot conduct secret investigations. It must issue an official notice of the charges, including the name of your accuser, an explanation of the allegations, and a complete list of your due process rights.
- Impartial Investigator: Your investigator should be trained, and they should be free of bias in the case. You have the right to challenge their appointment if you suspect any type of prejudice.
- Give Evidence: You have the right to tell your side of the story, to submit any physical evidence you might have, and to suggest witnesses for investigators to interview.
- Review All Evidence: Further, you have the right to review any evidence investigators uncover. At the end of the investigation, investigators submit a written report to the Title IX Coordinator. Not only do you have the right to review this report, but you are entitled to suggest changes to it.
- A Definitive End to the Investigation: Your school cannot investigate you indefinitely. Most schools set a firm limit on how long an investigation can last. At Lafayette College, for instance, that limit is 60 days.
- Equal Treatment: Most schools provide special accommodations to alleged victims of sexual misconduct. Under Title IX, you are entitled to the exact same accommodations, from access to counseling services to the opportunity to adjust your course schedule.
Of course, you're not alone as you face this investigation. Your LLF Law Firm attorney will accompany you to all meetings to provide advice and support and to protect your rights. In addition, they'll prepare you for these meetings, keep you up to date on evidence and how it can be used, and offer advice on responding to the investigative report.
Title IX Hearings
Typically, both sides have ten days to review the investigative report. At that point, it is turned over to the Title IX Coordinator, who sets a time and date for a hearing. Hearings must be conducted live. However, both sides can request that they take place via closed-circuit video.
At the hearing itself, you'll have the chance to
- Make an opening statement;
- Introduce physical evidence;
- Call witnesses to testify;
- Raise questions about any evidence being used against you;
- Cross-examine (through your advisor) any witnesses testifying against you;
- Make a closing statement.
Title IX doesn't prescribe every aspect of a hearing, and schools are always looking for ways to give complainants an advantage. So, for example, while some schools require hearings to take place before a full panel of decision-makers and decisions be based on a majority vote (Moravian University), others allow a single individual to determine the outcome (Cedar Crest College). Likewise, while Title IX guidelines state that only advisors may cross-examine witnesses, some schools require advisors to conduct that cross-examination through decision-makers. That is, advisors formulate the questions, but only those presiding over the hearing may actually ask them.
Once both sides have had a chance to make their cases, decision-makers then employ a legal standard known as "preponderance of the evidence" to decide your level of responsibility (guilt). Less strict than "beyond a reasonable doubt," this standard asserts that you are responsible if it seems "more likely than not" that you committed the offense.
Title IX Sanctions
The law doesn't prescribe sanctions for offenses. However, the government encourages schools to use severe penalties. Additionally, in the current political climate, no school wants to see soft on sexual offenders. Thus, while students found responsible are eligible for penalties ranging anywhere from warnings to expulsion, more often than not, sanctions are at the upper end of the spectrum. The minimum penalty is usually suspension, and the most common penalty is dismissal.
Keep in mind you cannot transfer your way out of a sexual misconduct charge. Your school will try you in absentia, and in addition to dismissal itself, make sure your permanent record reflects your offense.
With so much on the line, you cannot afford to try and handle your own case. You need the best help you can possibly get. You need an LLF Law Firm attorney.
Title IX Appeals
Your final due process right is the right to appeal, and this can sometimes be used to reverse a responsible finding or lessen a sanction. Appeals are not about re-arguing your case, though. You must have very specific grounds in order to file.
- New evidence not available at the time of the hearing that could potentially alter the outcome of the hearing;
- Evidence of a procedural that prevented you from getting a fair hearing;
- Evidence of bias on the part of a Title IX official;
- A sanction clearly disproportionate to the nature of the offense.
The complainant in the case has the right to appeal as well, if you've been found not responsible.
The Office of General Counsel
All colleges and universities maintain an Office of General Counsel. These are attorneys or entire firms of attorneys who provide schools with legal advice.
The LLF Law Firm maintains relationships with many OGC across the country. This is one reason why we are so adept at handling misconduct cases. We know how schools' judicial procedures operate and we can anticipate what decisions they'll make.
We can also occasionally leverage these relationships to resolve a case outside the normal judicial channels. It is sometimes possible to negotiate a lower sanction or make sure an offense doesn't show up on your transcript even if you've been found guilty.
The LLF Law Firm is on Your Side
Wherever you live in the Lehigh Valley area—Allentown, Bethlehem, Easton, and all points in between—you can count on the attorneys at the LLF Law Firm to know how your school operates. Our Student Defense Team has been at this for many years, and we've helped hundreds of students defend themselves from all types of misconduct charges, including Title IX accusations. We know the law, and we know campus judicial procedures.
Most importantly, we're always on your side and committed to your success. Whether you're entirely innocent or you did make some sort of mistake, we're dedicated to getting you the best possible resolution to your case.
To find out more, contact the LLF Law Firm today at 888-535-3686 or fill out our online questionnaire.
