Facing a college or university disciplinary action can be distressing for any student. Both your reputation and ability to graduate from your course are at stake. After facing a sexual assault accusation on campus, you may undergo a disciplinary process that your school will conduct. But problems arise when systems deal with academic misconduct instead of adjudicating sexual assault nuances.
If you have a Title IX case, you may wonder if you need an attorney who can protect my rights. A Title IX attorney can make sure your school respects your rights and considers your best interests.
How Title IX Works
Title IX was enacted to get rid of sex discrimination in the country. The federal law requires all colleges and universities that get funding from the federal government to allow their students to get an education no matter their gender.
Under Title IX, schools should prevent and remedy sexual harassment or violence that occurs on campus. The law emphasizes that this misconduct can interfere with the student’s learning environment based on their gender. According to the Department of Education, schools should resolve sexual harassment or violence complaints promptly and equitably. Also, the department issued informal guidance on the procedure that schools must follow and adopt to avoid federal funding revocation.
Title IX Hearings vs Criminal Hearings
Any on-campus sexual misconduct report merits a hearing. Such a hearing may occur before a disciplinary committee composed of faculty, students, and staff. It is meant to determine the appropriateness of academic consequences.
Keep in mind that your college or university is not obliged to perform this hearing the way criminal courts do under Title IX. Traditionally, you aren’t presumed innocent until you are proven guilty. Also, you may not be allowed to cross-examine the person accusing you. Plus, your school may not let you get legal representation during the hearing. And without legal protections, the disciplinary committee may make decisions regarding your future.
Why You Need a Title IX Lawyer?
A Title IX attorney can challenge the system where your rights may be abridged. Although your attorney may not be permitted to ask questions during the hearing, they can explain your rights to you and tell you how to stand up for these rights.
Additionally, your lawyer can examine elements of the college’s adjudication process that they can challenge in a discrimination lawsuit in court. For example, if your school expels you because of an unfair adjudication process, your Title IX lawyer will challenge the legality of the expulsion. Your attorney will file a court petition, stating that the expulsion was discriminatory.
