Students accused of sexual misconduct should prepare themselves for Title IX proceedings that can include investigations and hearings. Before they can start processing what can happen during the proceedings, they should discuss the case with an education lawyer near me who can help them understand what they are going through.
The prospect of Title IX investigations is frightening. However, the accused student must understand that just because they are a subject of a Title IX investigation does not mean all is lost. They can present their case. Although schools usually favor the complainants, the accused can challenge these inequities with the help of an experienced lawyer.
Title IX proceedings can result in serious penalties and reputation damage. If the defendant wins, they may still face direct academic penalties. However, they can be better equipped to go on with their lives without being labeled sexual offenders.
Basic Rights of Defendants
In general, accused students in Title IX cases have limited rights. They may not be allowed to present their evidence comprehensively, given a right to appeal the tribunal decision, or permitted to access legal help during the hearing. While despite these limitations, the defendant has rights that must be preserved.
Under Title IX, schools should investigate cases promptly, fairly, and impartially. For instance, if the school allows the accuser to present witnesses during the hearing, it must also permit you to cross-examine the presented witness. Otherwise, the school violates the right to fairness that Title IX grants to both the accuser and the accused. Also, your due process rights can be violated in this type of case. This is the reason you need a lawyer who can ensure the school upholds your rights. And as schools can violate such rights, you must keep your attorney informed about any pending events.
The Role of an Attorney
Under Title IX, schools should investigate sexual misconduct accusations even if they are considered outrageous allegations. Failing to follow such procedures can result in schools losing federal funding and facing criminal penalties.
But as the disciplinary process starts, you may not be aware of what you will experience. Your attorney will help you understand what to expect from the proceedings. They can help you overcome the tribunal of your school. Also, they can take your case to court by suing your school for violating your rights under Title IX. The best attorney to work with can file and prosecute such a lawsuit.
