The accusing student has the burden of proof to make out his case against the accused party. Although it may seem at times that a person is guilty until proven innocent. It is true that also with campus sex proceedings or Title IX proceedings that is a student is at most schools presumed innocent. It’s more involved than that. Either way, the accused, the accuser has the burden of proof. Some cases are more complicated yet because although in most instances, the accuser herself or himself participates fully in the process, there are going to be some Title IX cases where the school will actually act as the complainant. In those cases, the accuser is essentially the school, but 99 of a hundred times it’s going to be often the young woman who’s accusing the young man.

Obviously there’s exceptions, but statistically speaking, that’s what’s mostly entailed in Title IX cases. An experienced attorney advisor can help navigate the process and can help allow for the most favorable outcome.

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Colleges and universities have broad authority to maintain campus safety and enforce student conduct policies. However, students accused of misconduct don’t lose their due process rights simply because allegations are serious. At the higher education level, courts have repeatedly recognized that suspension and expulsion can have life-changing academic and professional consequences. As […]