10 Times to Call a Title IX Defense Lawyer

The sooner you call for a free consultation, the better your chances of success

On college and university campuses, being in trouble under Title IX often means being accused of sexual harassment, assault, or other forms of misconduct. This can lead to a formal investigation by the school, which could result in serious consequences like suspension, expulsion, or a permanent mark on their academic record if found responsible. The process can be daunting, and it’s important for those accused to take immediate action, respond appropriately, and protect their rights throughout the investigation.

Unfortunately, some students facing Title IX charges avoid addressing it until it’s too late for establishing a strong defense. Those accused of, or expect to be accused of, sexual assault and Title IX violations, should contact an experienced Title IX defense lawyer for a free consultation ASAP.

The sooner someone contacts a Title IX defense lawyer, the stronger their position will be during the investigation and any subsequent hearings. Early involvement allows the lawyer to guide the accused through the procedural steps of Title IX, such as meeting deadlines, submitting evidence, and responding appropriately to complaints.

When to contact a Title IX defense lawyer

Title IX is a federal law that prohibits discrimination based on sex in education programs and activities that receive federal funding. While it covers a range of issues, such as equal access to sports and academic opportunities, it also applies to cases of sexual misconduct, harassment, and assault on college campuses. Schools are required to investigate and address allegations of sexual misconduct to ensure a safe learning environment.

Some students accused of Title IX violations fear calling a lawyer right away could make them seem guilty or they believe they can handle the situation on their own. However, this is not a good idea, as failing to seek legal counsel can lead to missteps in the process that may harm their defense. Here are 10 signs that a student should contact a Title IX defense lawyer:

Receiving a Title IX complaint. If an individual is notified that someone has filed a Title IX complaint against them, it is important to seek legal guidance immediately.
Being called to a Title IX investigation meeting. If an individual is asked to attend a meeting with investigators regarding a Title IX allegation, consulting a lawyer beforehand can help them understand their rights and prepare for the process.
Facing potential suspension or expulsion. If the Title IX case could result in serious disciplinary actions such as suspension or expulsion from school, a defense lawyer can help protect their academic future.
Experiencing discrimination based on gender or sex. If an individual believes the Title IX process is biased against them due to their gender, seeking legal representation may help ensure a fair investigation.
Facing a false accusation of sexual misconduct. If someone is being falsely accused of sexual misconduct, a lawyer can help them build a strong defense and present evidence to clear their name.
Concerns about due process violations. When someone’s right to a fair hearing is ignored – such as being denied due process protections like the ability to present evidence or cross-examine witnesses – a Title IX defense lawyer can step in to advocate for them.
Potential criminal charges. If the Title IX allegations also involve potential criminal charges, such as sexual assault, it is crucial to have a lawyer to help navigate both the university’s investigation and the criminal justice system.
Confusion about the Title IX process. If someone doesn’t fully understand the Title IX process or they are feeling overwhelmed by the procedures – which is normal – a lawyer can provide clarity and ensure that necessary steps are followed.
Receiving threats of legal action. If the complainant or their legal team threatens additional legal action, such as civil lawsuits, having a Title IX defense lawyer can help protect against future litigation.
Experiencing retaliation. For those facing retaliation for participating in a Title IX case or standing up for their rights, a lawyer can intervene to address these concerns and protect them from further harm.

Contacting a Title IX defense lawyer early can help safeguard the accused’s rights to due process, which are not always guaranteed under the university’s policies. Title IX proceedings can sometimes lack key legal protections, such as the right to cross-examine the accuser, or access to all the evidence against them. An experienced defense attorney can challenge any procedural errors or bias that may arise during the investigation, protecting the fairness of the process.

What a Title IX defense lawyer does

A Title IX defense lawyer guides their client through each stage of the process, from responding to allegations to preparing for interviews and submitting evidence. They protect the accused’s rights by ensuring due process is followed, reviewing evidence, and challenging any bias or procedural errors in the investigation. If the case proceeds to a hearing, the lawyer advocates on behalf of their client, ensuring a fair opportunity to defend against the accusations. In a Title IX case, a defense lawyer would typically provide the following help at each stage:

Initial allegation. A lawyer can review the Title IX complaint, explain the allegations and the Title IX process, and advise on how to proceed. They help draft an initial response and ensure the client’s rights are protected from the start.
Investigation phase. An attorney can guide the client through interviews, advise on what to say (or not say) to avoid self-incrimination, and help gather and submit evidence and witness testimony to support the defense.
Review of evidence. This includes analyzing the evidence presented by both sides, identifying inconsistencies or bias, and ensuring the investigation follows fair procedures. A lawyer may also prepare the client for any additional questioning or follow-up interviews.
Hearing (if applicable). A lawyer can represent the client during the hearing, challenge evidence presented by the other side, cross-examine witnesses if allowed, and ensure the client’s right to a fair hearing is upheld.
Outcome/decision. An attorney can review the decision, explain the implications, and discuss options for next steps. If the outcome is unfavorable, the lawyer can advise on or assist with filing an appeal.
Appeals (if applicable). This includes preparing the appeal and pointing out any procedural errors, bias, or unfair treatment during the initial investigation or hearing. A lawyer aims to get the decision overturned or penalties reduced.

In addition, if criminal charges are a possibility alongside the Title IX case, a defense lawyer can coordinate strategies to prevent statements or evidence in the Title IX hearing from being used in a parallel criminal investigation, ensuring that the accused is fully protected across both proceedings.

Contact an experienced Title IX defense lawyer for a free case evaluation

If you or your child are facing Title IX allegations or suspect that an investigation may be on the horizon, don’t delay in seeking the legal support you need. In Austin, Title IX defense attorney Brian Roark brings over 20 years of experience defending college and university students accused of sexual assault and other Title IX violations. Botsford & Roark has a proven track record of successfully defending star athletes and other promising students against Title IX allegations, helping them protect their futures.

Our team is dedicated to keeping you informed, protecting your rights, and building a defense that addresses your unique situation. If you have been accused of a Title IX violation, or suspect one may be forthcoming, contact us now for a confidential, free case evaluation to discuss your case. Waiting too long could jeopardize your defense and future.

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