Under Title IX of the Education Amendments of 1972, students, employees, and faculty of colleges and universities are protected against age-based discrimination. This applies to institutions that receive funding from the federal government. Because schools are under pressure to uphold this protection, they usually focus more on the interest of the accuser than that of the accused. Thankfully, the law also gives due process rights to the accused. If you have been accused of violating Title IX, you should see a nationwide Title IX defense lawyer as soon as possible to know your legal options and protect your rights. Check the website now.
Kinds of Title IX Cases
Discrimination that occurs because of a student’s gender can manifest itself in a lot of ways including stalking, sexual assault domestic violence, date rape, sexual coercion, sexual harassment, and more. Also, Title IX (see here) violations can happen when somebody retaliates against another.
Penalties for Title IX can be administrative or criminal. Criminal penalties apply to violations that involve violent crimes and sex crimes. Those who violate Title IX in schools can face penalties such as disciplinary probation, suspension or dismissal from school, sex offender registration, and others.
Issues that Can Arise During Title IX Investigations
There are many flaws in Title IX proceedings. That is why they should be handled by an experienced Title IX attorney. Because of the issues that may arise during an investigation, a student can be falsely accused of a crime like sexual assault. Here are the common flaws in Titel IX investigations:
- Biases. Schools hire their own investigators for Title IX cases. Because these investigators are paid by the school, they will conduct an investigation in a way that favors their employer. They can be biased in their investigator, leaving an accused student unable to prove their innocence.
- Inability to gather evidence. Since investigators want to resolve Title IX cases as quickly as possible, they may take short-cuts. This means they may not interview witnesses or collect evidence. And because these investigators may not be trained in this area, they may misinterpret the evidence they collected.
Title IX investigations are flawed, so students accused of violating Title IX must hire a lawyer to guide and advise them. The attorney will challenge any flaws in the investigation, ensuring their client will not be taken advantage of. They know what’s on the line in the accused’s situation and will do their best to help reduce the possible risks and issues they may experience in the case.