Rights During a College Park Title IX Investigation

If you are under investigation by your school for a potential Title IX violation, you do not enjoy the same constitutional rights and protections as someone facing a criminal charge. Despite this difference, there are some rights you enjoy so long as you make use of them. An experienced Title IX defense attorney could advise you of the rights you have during this stressful process.

The potential outcome of a Title IX case could change your life forever. Given that your future could be on the line, it is crucial that you understand your rights during a College Park Title IX investigation. Exercising these rights could make the difference in face discipline and avoiding consequences.

The Right to Notice and Title IX Procedures

One of the first rights that a student accused of a Title IX violation could enjoy involves their understanding of the process itself. Title IX requires school administrators to create an action plan for how to proceed with an alleged violation. This plan must set a formal procedure for these cases, and the school is required to publicize this procedure. These procedures must include a formal system of notifying a student that an investigation is ongoing and of any hearing dates related to their case.

Once the action plan is in place, the school and their investigators are bound to work within the plan. If the plan prescribes rules or limitations on how the school may conduct the investigation, they are required by law to comply. An accused student could object to the process if the school fails to comply with its own guidelines.

Calling Witnesses and Introducing Evidence

Some of the most important rights for a student come during their hearing with the disciplinary board. The hearing is one instance where the difference from a formal criminal setting is stark. In a criminal case, a defendant cannot be compelled to speak, cannot have their refusal to testify used against them, and is guaranteed the right to question their accuser. These rights do not exist in most Title IX hearings. However, students accused of Title IX violations are not entirely without protection.

A student is entitled to review the evidence against them. This includes watching in-person testimony, reviewing hand-written statements, and evaluating any forms of video or physical evidence relied on by the school.

A student also has the right to present their own evidence. The school cannot prevent a student from testifying on their own behalf, and many schools provide students with options on the evidence they can submit.

Arguably the most important right during the Title IX process is the right to counsel. A student is entitled to have legal counsel present during every stage of a Title IX investigation. An attorney could act as the student’s advocate as well as provide them with important advice and counsel during the process.

A Title IX Attorney Can Advise you of Your Rights

The stress and worry that can come with notification of an alleged Title IX violation can be overwhelming. These proceedings could have a major impact on your education and your future career. Understanding your rights could help ensure you maximize your chances of a fair hearing. In addition, by working with a Title IX attorney, you may be able to better understand the rights you have at your disposal. To learn more, schedule a consultation today.