Consent in Washington DC Title IX Cases

Title IX refers to federal civil rights laws, the purpose of which is to protect students from discrimination on the basis of sex and to ensure equality among the sexes. One of the most shocking types of sex-based discrimination is sexual violence, such as rape and sexual assault. If a person violates a student’s Title IX rights, the school disciplinary board may investigate the matter and issue sanctions if applicable.

If a student brings a claim of sexual violence against you, you may want to argue that the alleged victim consented to any act asserted. Consent in Washington DC Title IX cases is an affirmative defense.

You may wish to sit down with an experienced Title IX attorney to explore any arguments you may have in case you need to appear before a university disciplinary board. The possible consequences of a Title IX may severely affect your future goals and dreams.

Title IX Cases in Washington DC

While the subject of a Title IX case may be criminal in nature, a Title IX is a civil matter. Typically, the standard that a court applies to a Title IX sexual assault violation is whether the actions were unwelcome or severe from the alleged victim’s viewpoint. The standard of required proof is much lower than a criminal court needs. This means it is easier to prove some form of sexual violence in a Title IX case.

School Pursuit of Title IX Cases

If a school does not protect a student’s Title IX rights, that student may be able to sue the school for failing to protect the student’s rights. This rule encourages universities to actively pursue actions against alleged violators of a student’s Title IX rights. A school may do this through a disciplinary board proceeding.

Title IX Proceeding at a University

Typically a school of higher education will have a process for handling Title IX rights violations. The method can vary but must be applied equally to the alleged victim and the alleged actor. If an alleged perpetrator of an offense is allowed to bring a representative to the hearing, that may help ensure a more favorable outcome.

Consent as a Defense for a Title IX Case

Consent means that an involved party either used words or actions to demonstrate a voluntary agreement to engage in the sexual activity. The validity of consent is questionable if a party was drunk or otherwise incapacitated. If a person consented to an act, that person could not later use the action as a means to punish the alleged actor.

If a party has to defend itself in a hearing before a disciplinary board, that person may argue that the accuser consented to all the alleged acts. If a party consented, that is an affirmative defense which means that the acts alleged did occur, but that it was not sexual assault because the parties agreed to the action.

Learn More About Consent in DC Title IX Cases

If another student has accused you of violating that student’s Title IX rights, you may wish to speak with an attorney to learn more about may happen to your educational future and how you may best be able to protect yourself.

You may be able to have a lawyer represent you during a disciplinary board proceeding. You may wish to use consent as a defense in a Washington DC Title IX case. A representative may help you develop a plan and may help you receive a favorable outcome.

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