Sexual assault and harassment are rampant in colleges, universities, and even high schools. Perpetrators and victims are usually young people who risk damaging their reputation, status, and professional goals. Under Title IX of the 1972 Education Amendments, education institutions that benefit from federal funding must handle sexual discrimination cases within their institutions immediately. Any delay or mistake in taking action by the institution could result in a lost chance to benefit from government funding.

While investigating sex-related cases that occur within educational institutions is a noble thing, the people charged with that responsibility lack the skills and expertise to handle these cases professionally and efficiently. This puts the reputation and future of the alleged perpetrator at risk. Investigations and hearings are conducted by college officials, who, in most cases, give a biased, arbitrary, and sometimes unjust ruling.

If you are facing college disciplinary proceedings in San Luis Obispo and are worried about the damage they can cause to your education, status, and prospects, we at San Luis Obispo License Attorney can help. We will use our understanding of the law to compel the school committee to rule favorably in your situation.

Sex-Related Allegation in Educational Institutions

An accusation of sexual harassment or assault can affect your life as a high school, college, or university student. The national government, through Title IX, puts a lot of pressure on educational institutions to investigate and impose punishment on any student accused of a sex-related offense. The pressure is mainly on the possibility of losing government funding if the institutions fail to take action as stipulated under the 1972 Educational Amendments.

Solving sex-related cases requires extensive knowledge and adequate resources. Only a well-trained professional can investigate a sexual misconduct allegation and discover sufficient evidence to prosecute the matter fairly. Sometimes, investigations like these require forensic skills, which college officials lack. This is the greatest challenge in handling sexual misconduct cases related to Title IX provisions, whereby college officials conduct investigations, prosecutions, and rulings. This means that most of the rulings are made without solid evidence, which is generally unfair. It also means that most students accused of sexual assault or harassment are likely to be found guilty and punished, even without concrete evidence.

Sometimes, students face grave penalties after a mere sexual misconduct accusation. Some of the penalties they receive include registration in the sex offender registry, a jail sentence, and a hefty court fine. Students found guilty by college officials can also face charges in a criminal court, which carry heftier penalties and a criminal record. You need the help of a skilled attorney to protect your rights, avoid self-incrimination, and develop a solid defense against the accusations.

When you or your loved one is accused of sexual misconduct, the school will first notify you of the accusation and the likely proceeding. The notification will also include a date on which you will attend a disciplinary hearing. It helps to have an attorney at that moment for advice and guidance. Your attorney will remain by your side through all the stages the disciplinary proceeding will take. Your attorney can appeal if the outcome is unfair or unfavorable.

Schools take these matters very seriously when a student reports a sex-related matter to a school committee. Remember that they risk losing government funding if the school fails to investigate and penalize such cases. Thus, the officials investigating and prosecuting your case will likely not take your side but the side of the alleged victim. But a license attorney with a deep understanding of the Title IX provisions can help you develop a solid defense against your accusations.

Your Legal Rights When Undergoing a Title IX Proceeding

Students and workers in learning institutions sponsored by the government enjoy certain rights under Title IX. These rights protect them from sexual harassment, gender discrimination, and unlawful retaliation. Gender discrimination is usually against transgenders, females, and males. Section (a)(8) also protects parents who are students in these learning institutions. This means all students and staff have an equal right to the services their institution provides, including fathers and mothers. For example, if an institution offers an activity for mothers and their daughters, it should provide one for fathers and their sons for an equal opportunity.

If anyone reports any form of discrimination or harassment to the institution, it is unlawful for the institution to respond negatively or fail to take action. Here are examples of illegal retaliations that Title IX prohibits:

  • Suspending or expelling anyone from a program or institution for reporting discrimination or sexual harassment.
  • Reducing their academic grades.
  • Denying them a chance to take part in athletics or any other activity they are interested in
  • Changing their participation to an undesirable activity, demoting them to a less preferred position, including removing them from a particular team, or reducing the time they can engage in their desired sports.
  • Harassing alleged victims in classrooms or athletic fields.

Making a Title X Claim

A Title IX claim occurs when a learner in a government-sponsored learning institution is discriminated against or sexually harassed in the institution. A student can freely file a claim with the institution to call attention to the incident and seek justice. They can also bring the claim even after the alleged perpetrator leaves the institution after a transfer or graduation. The victim can also bring the claim against a teacher, staff member, student, student organization, or the organization in general.

If an incident of discrimination or sexual misconduct has occurred in a learning institution, the law requires the victim to report it within a year. The institution will notify the alleged perpetrator and require them to attend a hearing. If, during your hearing, you (the suspected perpetrator) claim that you were involved in the act with the alleged victim, the alleged victim is usually given immunity and not you. The investigating and prosecuting committee can violate your rights and rule the case against you if you do not have legal representation.

You should take immediate action once you receive notification that someone has filed a Title IX claim against you. Your first focus should be learning about the law under which the claim falls and your legal options. You should also understand your school’s policy regarding related cases. The policy stipulated disciplinary guidelines the school follows after investigating sexual misconduct cases. If you are unfamiliar with the law and your school policy, a skilled attorney can help. They have comprehensive knowledge of Title IX proceedings and can develop strategies to help your situation.

The Benefits of Legal Representation

Hiring an attorney immediately after being notified of the Title IX claim against you is an excellent idea. Remember that sex-related allegations can result in severe penalties and a possible criminal charge. An attorney will consider your case details to develop a strategy to help you attain a favorable outcome. Here are the reasons you need legal representation:

For Confidentiality

A sex-related accusation can be overwhelming, even when there is insufficient evidence to support the claim. Knowledge about your innocence does not help, especially when you undergo a complex and exhausting disciplinary process by the school committee. You need someone with the right skills and knowledge by your side, hence the need for an attorney. Schools provide alleged perpetrators with an advisor knowledgeable in Title X matters. However, the advisor is still a worker in the institution running the investigations and your prosecution.

While the advisor can be biased or use any statement you make against you, an attorney will protect your rights and fight for your best interests. They will advise you against speaking to anyone to avoid incriminating yourself. Your attorney will also ensure that whatever information you share is not used to worsen your situation.

For Legal Advice and Defense

An accusation of sexual misconduct is grave because of its life-changing consequences. You can significantly benefit from legal advice to avoid incriminating yourself or doing something that could worsen your situation. Skilled attorneys offer the right advice to keep you out of more trouble and help you develop a strategy that will result in a favorable outcome.

If your school’s Title IX policy is unfair or does not meet the legal requirements, your attorney can fight to ensure your case is handled as it should. Your attorney will go through the policy on your behalf and compel the institution to change it if it is unfair or the school’s application is unjust.

An attorney will fight for your best interests. They will not allow an unfair resolution and can appeal if you are unsatisfied with its outcome.

Assistance in Preparing for the Hearing

You could reluctantly prepare for the hearing if you believe in your innocence. Sadly, this could result in an unfair ruling. An attorney will advise you to prepare well for the hearing, regardless of the circumstances of your case. Simply stating that you are innocent will not trigger a favorable ruling by the school committee. You must support your statement with evidence and fight for a fair ruling.

Defense attorneys are usually prepared for battle. Your attorney will work closely with you to prepare all the paperwork needed for trial. They will gather evidence and explain what you should expect during the hearing.

The school committee may use tricks to cause you to make incriminating statements. An attorney will protect you from that. They will answer questions on your behalf and respond to the evidence presented against you before the committee. An attorney improves your chance of obtaining a favorable ruling.

The Process Following a Title IX Claim

Generally, schools have a disciplinary process for students and staff members who violate set rules or school guidelines. However, government-sponsored institutions must follow specific federal guidelines when disciplining sexual misconduct or discrimination. According to Title IX guidelines, schools must promptly, reliably, adequately, and impartially investigate, prosecute, and determine sexual-related matters within their institutions. Schools must also provide an equal chance for involved parties to defend themselves and present evidence for a fair ruling.

However, schools have different policies that guide them on how to handle these matters. In some schools, a Title IC claim must be investigated, prosecuted, and concluded within sixty days. However, this is usually subject to extension for various reasons, including a lack of satisfactory evidence.

The process starts with the alleged victim reporting the matter to the school authorities. This initiates a response by the school, which notifies the suspected perpetrator and summons them for a hearing. In the hearing, an investigator, whom the school appoints, reviews the allegations with the alleged perpetrator. An advisor, whom the school also appoints, can accompany the perpetrator and speak on their behalf. The investigator also reviews the evidence the alleged victim presents before the committee. The accused is also allowed to present evidence.

Lastly, the victim is questioned, and the investigator tables their report. The investigator’s report summarizes the evidence from both parties. It also gives the final ruling on the matter. If the committee finds you guilty of the allegations against you, they could report the matter to the police. The police will start a criminal investigation.

Note: The outcome of the case by the school committee does not influence the result of the criminal case. The school will act against you even before the criminal investigation ends. It could exclude you from school, place you on probation, require you to pay restitution to the alleged victim, or defer or suspend you for a semester or two. A skilled defense attorney will appeal the case if they believe the ruling or penalty is unfair.

Find a Skilled Professional License Attorney Near Me

If you are accused of sexual misconduct in high school, college, or university and someone has filed a Title IX claim against you in San Luis Obispo, you will need an attorney’s help. School committees are not well equipped to investigate, prosecute, and determine sex-related cases. Additionally, they tend to take the reporter’s side, resulting in an unfair ruling and penalties.

We can help you fight for a favorable outcome at San Luis Obispo License Attorney. Our attorneys are usually prepared for battle. We also profoundly understand Title IX provisions and can compel your school to follow the guidelines. Call us at 805-465-2766 to discuss your situation and our services in detail.