Title IX prohibits any school, college or university that accepts federal funding from having any form of sex-based discrimination in educational programs. Sexual misconduct and harassment claims that occur on campuses are covered under Title IX. If a claim of sexual harassment, assault or misconduct occurs in an academic setting legal counsel that can provide an understanding of the complex Title IX legal obligations and the ever-evolving updates to the law including Title IX’s intersection with other laws. Title IX requirements concerning the investigation and adjudication of cases involving allegations of sexual misconduct include different procedures including unique evidentiary rules and processes that are different than those in court. An attorney at the firm can review the facts and circumstances unique to your Title IX case and advise you on how to conduct or respond to an investigation. If you are being investigated for misconduct or disciplinary action, or drafting guidelines, trainings or other procedure related to Title IX the firm can help you with these matters.
Our attorneys have handled numerous cases involving sexual assault misconduct and discrimination/harassment investigations into student and employee allegations. Our attorneys can serve as an advisor during the investigation, which can be challenging, including representation regarding: filing or defending a complaint; proper notice of allegations; knowledge of the correct standard of proof and the elements that need to be proven; procedures and rights related to a hearing, specifics related to cross-examination of parties or witnesses.
There are several steps to the Title IX investigation process including the filing of a complaint which is typically handled by the school’s Title IX office or by the Title IX coordinator; document holds, notifying respondents that there has been an allegation of misconduct and that there will be an investigation into the allegations; identification and notices to other potential witnesses; collection of documents and other potential evidence; interviews of the complainant, respondent and other witnesses; an investigative report; potential finding of violation; and a hearing. Attorneys can provide legal representation during the investigation, acting as advisor, and if there is a policy violation determination representation as an advisor at a hearing.
Understanding the unique legal issues and complex institutional policies and procedures involved in addressing campus sexual misconduct including retaliation related to sexual misconduct claims is crucial. Our Title IX attorneys are familiar with the investigative and hearing process and university disciplinary systems related to these types of claims. Our attorneys stay connected with the continued regulatory updates to Title IX, case law, and guidance from the US Department of Education which will impact students, employees and colleges and universities that receive federal funding.
In the event of potential Title IX disciplinary and legal action involving sexual misconduct, harassment or assault, it is beneficial to seek lawyers experienced with these types of investigations.