Title IX sexual assault complaints are difficult cases to defend. Although the “Me Too” movement of the past several years has exposed much wrongdoing, it has also threatened the defense of those who are truly innocent.
If you have been accused of a Title IX violation, your best course of action is to contact a defense attorney who is experienced in this area of law.
Consequences of the “Dear Colleague” letter
Even before the “Me Too” movement gained momentum, the U.S. Department of Education’s Office for Civil Rights (OCR) changed the process for campus policies on sexual violence. In essence, the “Dear Colleague” letter says that sexual harassment is within the parameters of prohibited sexual discrimination. The letter also indicates that the offense doesn’t have to occur on campus, thereby allowing charges to be made if an incident takes place at off-campus parties or any place where college students may gather.
Although the terms of a Title IX complaint allow for the accused to go through a structured disciplinary process, the letter also threatens the right of the accused and does not ensure gender neutrality. Universities will fight hard in any Title IX sexual assault case because of the possibility of losing Title IX funding.
What to do if you’re accused of a Title IX violation
When accused of a Title IX violation, the first thing you should do is contact an experienced attorney to guide you through the remainder of your actions. Sometimes, college students and their families go through the Title IX disciplinary process without an attorney, thinking one may only be needed if the charges advance to the trial stage. However, to do so is inadvisable.
Once you have contacted and hired an attorney, take the following steps:
1. Review your institution’s Title IX policies. Each college or university sets its own policies. If upon review your attorney discovers that these policies are unfair, your attorney should advise the school that it can be sued.
2. Make decisions regarding a defense strategy to proceed first with the disciplinary procedure, and then a trial, if the case advances that far.
3. Consult with your lawyer to make sure that no statements are made that can be used against you.
4. Devise a plan of how to respond to the complaint and prepare for interviews with school officials.
5. Ensure that your lawyer is in frequent communication with the school’s attorneys to achieve an agreeable resolution.
Title IX rights of the accused
Keep in mind that your school is not necessarily concerned with your innocence. The long-standing American legal concept of innocent until proven guilty is threatened under these circumstances. Remember that you still maintain certain rights under a Title IX complaint.
Those rights, however, are severely limited, which is why a sound defense is necessary.
If you choose to exercise your 5th Amendment rights by not giving a statement, you could be found culpable under the lowered preponderance of evidence standard. Note that your attorney will only be able to be present in your hearing as an observer. In addition, the defendant’s sexual and mental history will not be available for review because of privacy rules under Title IX.
The rights of the accused and the accuser under Title IX are not equally protected, so proceed carefully.