Being accused of sexual misconduct at a college or university exposes you to the possibility of disciplinary action. If the allegations made against you include an alleged violation of Title IX, you will be required to undergo the Title IX resolution process. From the beginning of this process to the end, you're entitled to a number of protections in accordance with the federal law's guarantee of due process.
Students are not to be deprived of their rights in any circumstance. If you're found “responsible” for sexual misconduct, you could be facing harsh sanctions that consist of a program dismissal, suspension, and expulsion. With so much at stake for accused students, it's important their rights are protected and upheld. In fact, the more serious the charges brought, the more protection respondents should be offered by college campuses.
Schools have been known to infringe upon rights that have the ability to severely disadvantage you in an investigation. In some cases, they don't give you proper notice of the charges brought against you or a school may purposefully destroy or not consider evidence that is essential to your case.
If you suspect or are sure that you aren't being afforded all your rights, you have several courses of action that you can take to get justice. You may not know how to object to your school's unfair practices by yourself. The only way to ensure your efforts are successful is to get the help of a skilled attorney. An attorney can help you choose which course of action is better in your unique circumstances to get justice for your mistreatment.
You can get your attorney to write a “litigation hold” letter to your school.
Legal professionals have the authority to issue a “litigation hold” letter to your school to inform them that you're aware of its unjust practices. Basically, a litigation hold letter is stipulation obliging a school to preserve all data that may relate to a potential legal action. This letter oftentimes is most effective at preventing the destruction of evidence in a case, which can be catastrophic for an accused student. It may also serve as a warning about an impending lawsuit if a school continues to mistreat a respondent.
You can file a complaint the Office for Civil Rights (OCR).
Students who wish to hold their school accountable for the deprivement of their rights can also file a complaint with the Office for Civil Rights (OCR). The OCR is a government agency that investigations cases where a student's access to education is denied. If it determines that there was a denial of a student's entitled rights, the agency enforces them. An attorney can file a complaint for you within the allotted time frame to guarantee your voice is heard.
Title IX Attorney Helping Clients Nationwide
If you've experienced discrimination by your school and wish to get justice using any of the means described above, you need the help of an experienced attorney. National Title IX attorney Joseph D. Lento has the skill, experience, and expertise to help you preserve your entitled rights under Title IX and your school's policy. Contact him online or give him a call at 888-535-3686 for assistance.