Every college and university in Maryland takes allegations of sexual harassment and violence against others very seriously. This is not just a moral obligation. Title IX of the United States Education Code requires all schools to take affirmative steps to prevent discrimination against their students on the basis of sex. This includes taking every step possible to prevent any form of sexual violence.
Title IX requires all schools that receive federal funding to create a procedure whereby they can investigate and punish instances of sexual violence or harassment. As a result, you may be facing a Maryland university conduct meeting where you may be forced to testify on the record about an incident.
These are extremely serious sessions that can make or break your defense. Making matters worse, you cannot refuse to testify on the grounds of self-incrimination like you could in a criminal case. In addition, while you may bring legal representation to these conduct meetings, they are not permitted to speak on your behalf. Even so, an accomplished Title XI attorney could help you to prepare for these conduct meetings to give you the best chance at limiting your damages.
A conduct meeting is the natural progression of any alleged Title IX violation. These investigations start when an alleged victim files a complaint against a fellow student. If the school’s Title IX coordinator believes that there is a good-faith basis for the complaint, they will recommend that a full investigation begin.
The investigation has broad powers to gather evidence from a variety of sources. This can include an alleged victim’s statements, documentary evidence, third-party witness statements, and even surveillance footage. Once the board believes that they have a solid picture of what happened, they can call the defendant to a conduct meeting.
The main purpose of any university conduct meeting is to gather evidence concerning the alleged incident. Although many students may view this as an opportunity to tell their side of the story, they should be extremely cautious as to the information that they offer to the board.
The board can subject you to direct questioning, and you must provide an answer. This is in contradiction to the right to avoid self-incrimination that defendants enjoy in criminal cases. The board may also request that a defendant provide a written statement, or to provide written answers to pre-selected questions. It is essential to only provide the information requested and nothing else to limit the inherently damaging nature of these questions.
An attorney may be able to help with this process. While most schools will allow a defendant to bring representation to a conduct meeting, it is a rare occasion where this attorney will be allowed to speak on a defendant’s behalf. Still, a lawyer could be of great help in preparing a statement, reviewing how to answer questions, and holding mock sessions to prepare a student for the stress of the situation.
Facing allegations of a Title IX violation is a stressful time in your academic life. These boards have great power to gather evidence and to punish apparent wrongdoing. Making matters worse, they can compel you to testify in person or to provide a written statement concerning your versions of events.
The outcome of the conduct hearing and investigation as a whole could determine whether you get the chance to obtain your degree.
An attorney could help guide you through a Maryland university conduct meeting. This can include helping you to prepare a written response, practicing answering questions, and appearing in person to provide support and to object to any procedural errors in the session. Let an attorney help you to prepare for an often-unavoidable Maryland university conduct meeting following a Title IX accusation.
