A Title IX Lawyer Can Help Students Defend Their Rights

When a student is accused of sexual misconduct, they face severe penalties that could derail their entire college experience. An attorney-advisor can help students defend themselves throughout the school’s investigation and disciplinary proceedings.

During hearings, an attorney ensures that you are given fundamental defenses as outlined in the school’s policies and OCR Title IX guidance.

Discrimination

Any student who feels ostracized from their college community or school due to discrimination has a right to file a Title IX complaint. This law applies to all universities and educational institutions that receive federal funds, including public schools, private universities and community colleges.

Once an investigation is complete, a university panel will decide whether or not the accused student violated Title IX guidelines. This process is based on a preponderance of evidence standard, rather than the criminal justice system’s “beyond reasonable doubt” standard.

The Title IX Lawyer Phoenix at our firm help students defend against wrongful allegations. We have helped clients successfully appeal disciplinary decisions and reduce sanctions. We have also helped victims who felt their colleges failed to protect them and obtain monetary compensation. Our attorneys are also experienced in defending foreign and undocumented students who were threatened with deportation when they reported sexual violence or harassment. They were being punished for exercising their rights to a free education.

Harassment

Students facing harassment and assault accusations often face a lengthy disciplinary process, including investigations, hearings and sanctions from university panels. They can even lose their educational or career opportunities if found guilty of these violations under Title IX. Our attorneys-advisors help them to fight for their rights and ensure that their education and reputation are not compromised.

Our firm helps defend college and university students against allegations of sexual assault, sexual harassment or gender discrimination based on their race (including dress and grooming), color, national origin or ancestry, religion or religious creed, sex, gender identity, genetic information, disability, age, parental status, political affiliation or other protected class. We also defend foreign students who are on visas and who face sexual violence and discrimination, as these claims can threaten their ability to remain in the United States.

We will leave no stone unturned to gather and review evidence pertaining to the accusation against you, so that the school’s investigators and hearing panel understand your side of the story. Our attorneys have successfully argued for reversals of expulsions and reduced sanctions in many cases.

Sexual Assault

Title IX requires schools to investigate any claims of sexual assault and harassment and impose sanctions on the accused. In recent years, however, this law has been interpreted broadly by courts and agencies. Consequently, universities are now routinely finding students guilty of sexual assault without providing them with a fair hearing in accordance with the law.

Our school discipline attorneys help students defend themselves against sexual assault allegations. We can collect evidence such as messages, emails or other documentation to support your case and challenge the credibility of your accuser. Additionally, we can help you file a retaliation claim against anyone who tries to retaliate against you in connection with your disciplinary proceedings.

Duffy Law regularly defends students in the complex Title IX disciplinary process. This often involves a long series of investigations, hearings and student panels that can have significant consequences on a student’s life. The consequences can include a loss of student housing, restrictions on social membership in fraternities or sororities and even the expulsion of students from their schools.

Misconduct

Students who feel that they have been the victim of sexual misconduct on a college or university campus often bring their complaint to a Title IX coordinator or to a school official. An experienced Title IX defense lawyer can help these accused students (also known as “respondents”) to ensure that they receive a fair investigation and a full hearing.

These investigations can be conducted quickly, and it is important for the accused to have a knowledgeable attorney-advisor present throughout the process. Title IX attorneys will work to ensure that all evidence is considered, including exculpatory evidence.

Interim measures are common, and they can restrict the respondent’s access to campus activities such as social membership in fraternities or sororities or class participation. The respondent may also be restricted from living in certain residence halls and have their class schedule changed. These restrictions can have a significant impact on the student’s life and future career prospects. An experienced Title IX lawyer can fight to have these measures withdrawn.

 

 

  

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