A Title IX Attorney is a lawyer that is familiar with representing students who have been accused in sexual harassment or assault. These cases often involve school conduct codes proceedings that are often confusing and fast-paced. A Title IX Lawyer Miami is an invaluable asset in protecting your rights.
Schools Receive Federal Funds
College and university administrators are required to conduct thorough investigations and respond promptly to complaints of sexual misconduct. This is especially true for schools receiving federal funding from the Department of Education. Schools are now subject to strict reporting and handling of complaints of sexual violence.
Schools must also take measures to prevent employees from retaliating against students accused of discriminating in Title IX cases. This could include denying requests to confidentiality, altering academic schedules, housing, and issuing no-contact orders which prohibit the accused from contacting the complainant.
These measures must comply with the rights owed to the accused and be in place as soon after the alleged violation as possible. If the university fails these requirements, a Title IX defense attorney can file a claim with the Office for Civil Rights of the United States Department of Education or pursue litigation.
Confidentiality Rules
The Title IX case on campus must be handled quickly, fairly, and impartially. It must be confidential until the case is resolved. This can be tricky if the case has escalated. Title IX prosecutors will attempt to subpoena the statements of the accused.
A Title IX attorney who is knowledgeable can help students navigate the investigation process, disciplinary proceedings, and appeals. The attorney should be able to help the student avoid retaliation, and ensure that their rights are protected throughout this entire process.
Procedures for the School Conduct Code
Most colleges and universities have different disciplinary policies. They can be confusing and complex, and may vary from campus-to-campus. They may include hearings and investigation by different administrative agencies or sanction boards. A Title IX defense lawyer is able to explain the rules and give legal advice.
Sanctions and Penalties
If a student is accused of Title IX violation, the school must investigate it immediately to determine whether the student’s behavior violated the school’s Code of Conduct. Depending on the severity, the school could impose a variety of sanctions, including suspensions or dismissals.
These penalties can cause serious problems for students who are studying for their undergraduate or graduate degree. They can cause students to lose academic credit and financial aid.
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