You may be frightened or confused if the school board has informed you that they are investigating you for a Title IX violation. Title IX is a federal rule. Its purpose is to ensure that all students received equal treatment at a school regardless of the student’s gender. This law also covered sexual assault and harassment. The government has stated that a student’s university experience is affected by sexual assault or harassment on the basis of the student’s sex.
If the school disciplinary committee finds you guilty of violating another student’s Title IX rights, you may face suspension, expulsion or other penalties which may affect your university experience and your future career goals. The government may also investigate you for any related criminal offenses, which could, in turn, lead to jail time, probation and hefty fines. An attorney may be able to help you understand your rights during a Washington DC Title IX investigation. If you are under an investigation, reach out to an experienced Title IX lawyer today.
If the university decides to conduct an investigation, the process must be fair to both sides. That means that both the complainant and the respondent should have equal opportunities to be heard. If resources, such as a counselor, are available, the school must allow both parties to take advantage of those resources.
Once a student files a complaint, the school board must inform the respondent of the pending investigation. The school puts the student on notice of the investigation early in the process, which would allow the student time to prepare a plan of defense and gather evidence and witness lists.
Once an investigator begins to work on a case, that investigator must take statements from both the complainant and the respondent. The parties may present evidence to the investigator and give a list of witnesses. The investigator is supposed to carefully consider all the evidence and statements provided by the parties and their named witnesses.
A respondent may enlist the help of an advisor of the student’s choosing. Some schools may offer an advisor to the student, but those school-provided advisors are seldom lawyers. They may have no prior experience and do not owe their client a duty of confidentiality. An attorney advisor must hold anything the respondent tells the lawyer in confidence.
Also, an accomplished attorney may be able to help the student properly defend against any issues brought by the complainant and help the respondent understand the risk of any criminal proceedings.
Most universities will hold a hearing or some proceeding if the investigator believes there is enough evidence to move forward. Typically the respondent will be able to question the complainant and cross-examine witnesses. If the hearing does not have a positive outcome, some schools also have a process for appeal.
Each educational facility has slightly different rules and procedures for handling a Title IX investigation. Though the processes may differ, any accused student must receive fair and equal treatment. There must be a process, and it must be understandable to the involved parties.
Because of the dramatic effect a finding of guilt could have your educational experience and your future career goals, you will want to take advantage of every right you have during a Washington DC Title IX investigation. You may find the advice of an attorney to be invaluable during this process.
