As a student enrolled in one of the many colleges and universities located in and around Philadelphia, Pennsylvania – including nearby parts of Delaware, Maryland, and New Jersey – you may already know that your school probably takes its Title IX enforcement obligations very seriously. You may even have received training about how the school investigates and resolves Title IX violation allegations, or have seen your school's webpage on the topic. But no amount of training will focus your attention on how your school resolves Title IX misconduct allegations until you find yourself accused of Title IX misconduct.
The LLF Law Firm's Student Defense Team has years of experience helping college students defend themselves when they're under investigation or being disciplined for alleged Title IX misconduct. If you find yourself in that situation, call us. We can help. You can reach the LLF Law Firm's Student Defense Team at 888.535.3686 or by using our contact form to schedule a confidential consultation.
What is Title IX?
Back in the early 70's, Title IX was introduced to help bring an end to discriminatory enrollment practices that typically affected women students, making it more difficult for them to be accepted to colleges and universities and, once there, to be able to take advantage of all the benefits offered by their schools. In the decades that have passed, the scope of Title IX's protections has broadened significantly.
Colleges and universities (and other schools that accept federal funds) must not only avoid discrimination when they admit students but also enforce Title IX's broadened protections. Students and faculty who discriminate based on sex, sexual identity, sexual orientation, and pregnancy or parenting status face disciplinary actions by their schools. This isn't something schools do because they necessarily believe in everything Title IX protects; it's because if they fail to enforce Title IX on campus, they risk fines or loss of federal funding.
It's not easy for schools to enforce Title IX. Each school must designate a Title IX coordinator, someone responsible for the overall enforcement of Title IX at the school, and that person (and their staff) need to keep up with the frequently-changing requirements that different presidential administrations make to what Title IX protects and the investigation and disciplinary procedures that schools are required to follow. Not only must the schools make the required changes; they also must explain how the Title IX enforcement process works so that students and school employees can understand it.
Because Title IX is so complicated and because schools have such a strong incentive to show the federal government that they are serious about enforcing it, schools will often fail to properly protect the rights of students accused of Title IX misconduct. The school's incentive is to prove that they are enforcing the requirements; not to protect the rights of the accused student. As a result, schools bungle investigations; they take shortcuts during disciplinary hearings; they apply their own rules unevenly; and in the end, unfairly punish students accused of Title IX misconduct.
Protecting Yourself in a Title IX Case
There are dozens of colleges and universities in and around Philadelphia, and if you're enrolled in one you already know how important your education is to your future. No matter if you attend Temple University, the University of Pennsylvania, or Drexel University in Philadelphia; the University of Delaware or Wilmington University in Delaware; Rowan University in New Jersey; or any of the many other colleges and universities in the parts of Delaware, Maryland, New Jersey, and Pennsylvania that are part of the Philadelphia metropolitan area, you know how hard you've worked to have the opportunity to study at your school.
If someone files a Title IX complaint against you, all of that hard work is at risk; you could end up being suspended or even expelled if the case isn't resolved your way. And during the investigation and disciplinary process, you still have to try and protect your rights, defend yourself against the allegations, and – hopefully – still be able to focus on your studies. How can you protect yourself in this kind of situation?
The best way to make sure that your rights are safeguarded is to work with one of the experienced Title IX attorneys from the LLF Law Firm's Student Defense Team. Our attorneys have spent years helping college students from across the country, including from the Philadelphia metropolitan area, defend themselves against Title IX misconduct allegations. We track the frequent changes to the Title IX rules and regulations; we understand the different procedures that schools use to investigate Title IX misconduct claims and to discipline students accused of Title IX misconduct. We know the various ways that schools can unfairly make mistakes during the Title IX enforcement process, mistakes that almost always favor the accuser and hurt the accused.
Working with one of our experienced Title IX attorneys means that you'll have someone on your side who can look out for your rights; who can tell you what's happening with your case; and who can fight to defend you against the allegations of Title IX misconduct that can put a quick end to your college career. We will communicate with your school's Title IX office on your behalf. We will explain what to expect at your interview with the Title IX investigator, and can be by your side while that interview takes place. We will negotiate with your school, pointing out the weaknesses in their case, the evidence in your favor, and the rights that you have to help resolve your case in as favorable a way as possible. And if your case goes to a hearing, we will be there for you, fighting for your rights and defending you against the allegations.
At the LLF Law Firm, our Student Defense Team does this day-in and day-out for students across the Philadelphia metropolitan area and across the country. We are ready to use our experience and knowledge to help you protect your education and your future when you need us the most.
Stages of a Title IX Case
The Title IX Misconduct Report
When someone files a complaint with the school's Title IX office, the Title IX office will initiate a procedure that should follow the requirements of the Title IX rules and regulations then in effect. Title IX reports or complaints can be filed by anyone, but typically they are filed by students or school employees and may accuse another student or a school employee of Title IX misconduct. And make no mistake, schools make it very easy for anyone to file a Title IX misconduct report.
The University of Pennsylvania, for example, maintains a webpage devoted to reporting sex discrimination and sexual misconduct that provides multiple options for anyone who wants to file a Title IX misconduct report – including an anonymous one. It is accessed via the page maintained by the school's Associate Vice President for Equity and Title IX Officer. The University of Delaware provides a Title IX Reporting Form that encourages complainants to submit supporting evidence when making a Title IX complaint. The Title IX page for Rowan University in Glassboro, New Jersey, includes a prominent red “button” that, when clicked, will access the school's Student Sexual Misconduct/Title IX Reporting Form. Every school has its own way of accepting Title IX complaints, and all schools provide students and employees with ample information about how to make a Title IX misconduct report.
The Title IX Investigation
After someone files a Title IX misconduct complaint, the school's Title IX office will review it to confirm that it reports misconduct that is covered by the Title IX rules and regulations. When it does, the report will be assigned to a Title IX investigator whose job it is to look into the matter. At smaller schools, the Title IX investigator may be the same person as the school's Title IX coordinator; in most cases, however, it will be someone else, who may or may not be trained in the best ways to conduct a fair and complete investigation.
The Title IX office will notify both the person who filed the complaint and the person who is accused of Title IX misconduct that a Title IX misconduct report has been filed and an investigation is underway. They will both receive information about the rules and procedures that apply in Title IX investigations and disciplinary proceedings, and what their rights are during the process. The specific types of information that this notice will include may vary depending on the federal Title IX rules and regulations that are in effect at the time. Wilmington University's Equal Opportunity and Non-Discrimination Policy and Procedures provides a detailed description of the procedures that the school will follow when a Title IX report or complaint has been filed. It includes a list of the many different types of “Supportive Measures” that the school may provide to individuals who have filed Title IX misconduct reports. These include counseling, campus escorts, no-contact orders that prohibit the accused student from contacting the complainant, and required changes to “class, work, housing, transportation, or extracurricular activity.”
These forced changes can have a significant effect on the accused student – even though the accused is supposedly treated as not responsible for the accused conduct until the school determines otherwise. For example, it's not unusual for schools to require the accused student to take a forced “leave of absence” while the complaint is being investigated. Or, the student may be required to change their class schedule or drop a class entirely if they and the accuser are in the same section; move out of their dorm; or change their work schedule if they work with the accuser. All of these interim remedies can be extremely disruptive to the accused student's collegiate experience, and can leave the accused student feeling as though their school considers them to be guilty until proven innocent instead of the other way around.
Then there is the investigation itself. Drexel University has a detailed set of “Procedures for Resolving Reports Against Students” that describe how the school investigates and resolves Title IX complaints. Drexel's procedures are typical, but of course one school's procedures may vary slightly from another's. The investigation will normally include:
- Interviews with the accuser and the accused student.
- Interviews with others who may have information about the alleged Title IX misconduct.
- A review of evidence provided by the accuser and by the accused.
- Collection of “physical or medical evidence” relevant to the accusations.
- Collection of documents, communications, and other “electronic records” that may be “directly related to the allegations. This could include photos, videos, and social media posts.
When the investigation is complete, the Title IX investigator will typically prepare a report that both sides will be able to review and comment on before it is submitted to the school's Title IX office.
The Formal Title IX Complaint
If the school's Title IX office reviews the investigator's report and determines that no Title IX misconduct has occurred, it may dismiss the matter at that point, though the complainant will be able to appeal that decision. In most cases, however, the school is likely to decide that a formal complaint should issue against the accused student.
The formal complaint will describe the misconduct that the student is alleged to have committed, and the charges being brought against the student. It may also propose a particular form of sanction to be imposed on the accused student. The accused will be able to respond to the formal complaint.
Negotiations
Once a formal complaint is issued by the school, your Title IX attorney may enter into negotiations with the school to resolve the matter in a way that protects your ability to continue to study at that school. When you work with an experienced Title IX attorney, you'll have a much better chance of arriving at an acceptable outcome than if you attempt to negotiate with the school on your own. Your attorney will be able to point out the flaws in the school's case against you, including any unfairness in the investigation, and can use the school's own written policies and procedures in situations where the school has failed to apply them fairly or properly. Many Title IX cases are resolved this way; in fact, relatively few go to the hearing stage.
Hearings
Hearings will take place with Title IX cases that don't resolve themselves through negotiation. The way the hearings are structured will vary from one school to another, and will also depend on the federal Title IX rules that are then in force. There may be a panel that will hear your case, or a single “decisionmaker.” You may be allowed to have a “live” hearing with both parties present at the same time, or the hearing may be conducted in pieces, with each side having their turn before the hearing panel or hearing officer. Your attorney may be allowed to ask questions of witnesses directly, or may be required to propose questions to the hearing panel for the panel to ask.
Working with an experienced Title IX attorney from the LLF Law Firm means you will have someone on your side who knows the state of the Title IX rules, regulations, and procedures that apply to your particular case. Your lawyer will have the experience to be able to vigorously defend your rights no matter what the procedures are at any given time.
It's also important to understand that the standard that applies to rulings in Title IX cases. Unlike criminal cases, where the defendant needs to be guilty “beyond a reasonable doubt,” in a Title IX case the accused need only be “more likely than not” to have been responsible for the Title IX misconduct. Another way of looking at it: if the accused is 51% more likely to have committed the misconduct than not, the school can rule against the student.
Your Title IX attorney can significantly help you if your case goes to a hearing. They will be able to challenge evidence that the school wants to introduce against you; provide evidence to the hearing panel on your behalf; directly or indirectly question witnesses; and remind the hearing panel of its legal obligations to follow the school's own Title IX procedures and to respect your rights.
Written Decision
The decision after the hearing will be in writing. If it is against you, it will impose one or more sanctions against you. You will have a chance to appeal the decision if it goes against you.
Appeal
While schools allow Title IX decisions to be appealed, those appeals are made to the school itself, not some outside agency. As a result, the chances of an appeal are typically not great.
Lawsuit
In cases where the school has gone too far in protecting the accuser or not far enough in respecting the rights of the accused student, it may be possible to sue the school for violating your rights. Your Title IX attorney can advise you if things have reached the stage where a lawsuit may be the best option for protecting your education and your future. It has become increasingly common for schools to lose lawsuits brought by students accused of Title IX misconduct in cases where a school has failed to respect an accused student's rights.
The LLF Law Firm's Student Defense Team Can Help You With Your Title IX Case in the Philadelphia Area
If you are a college student at a school in the Philadelphia metropolitan area and have been accused of Title IX misconduct, the LLF Law Firm's Student Defense Team can help. Our Title IX attorneys have years of experience representing students accused of misconduct at schools throughout the region. We know the laws, rules, regulations, and policies that apply in Title IX misconduct cases, and will fight to protect your rights and to defend you from accusations that could put an end to your academic career and derail your plans for your future.
If you're facing a Title IX investigation or disciplinary proceeding, call the LLF Law Firm today at 888.535.3686 or use our contact form to schedule a confidential consultation. You don't have to face this alone, and we are here to help.
