Title IX Defense Attorneys Serving Texas

Our law firm can help you fight Title IX allegations and protect your future

The Texas law firm of Botsford & Roark provides unwavering and effective defense services for individuals facing Title IX allegations involving sensitive issues like sexual harassment, misconduct, or assault.

We understand the gravity of your situation and the challenges you face. With decades of experience, our Title IX defense lawyers seamlessly combine a rich history in criminal defense with extensive knowledge of Title IX requirements and the hearing processes at different campuses. This equips us to navigate these unique and complex proceedings with precision and diligence.

Are you facing Title IX accusations in Texas? Contact our Texas Title IX defense lawyers now for a free and confidential case evaluation.

“I called upon Brian Roark in my time of need, and I am thankful that I did. He is thoughtful, intelligent, strategic, and very experienced. He put his talents to work quickly and took time to fully and deeply understand the facts of my situation.” - George C.

A history of providing Title IX defense

Based in Austin, our law firm is known for handling high-profile Title IX cases statewide and nationwide in a manner that is effective and considerate of your public reputation. Visit our In the Media page for coverage of past clients facing Title IX violation accusations. We represent students and star athletes accused of sexual misconduct in Title IX expulsion hearings and post-hearing mitigation.

Our Title IX lawyers are particularly familiar with the University of Texas at Austin. We sued UT Austin regarding its flawed Title IX disciplinary procedures, eventually leading to the exoneration of the clients on whose behalf we sued. Past clients and case results include:

• A not-guilty verdict for a university football star student-athlete charged with sexual assault.
• The reinstatement of a UT student who was suspended for alleged sexual misconduct.

What is a Title IX violation?

Title IX is a pivotal civil rights law in American education. It prohibits sex-based discrimination in federally funded educational programs or activities. While often linked to gender equality in sports, its significance extends far beyond athletics, particularly in addressing issues such as sexual harassment and violence on campuses. Title IX offenses handled by Botsford & Roark involve, but are not limited to:

• Sexual harassment
• Sexual violence
• Rape
• Sexual assault
• Sexual battery
• Sexual coercion
• Stalking
• Retaliation for complaints of alleged Title IX violation

Title IX offenses and criminal offenses, though potentially overlapping, follow distinct processes. Unfortunately for those accused of violations, the burden of proof at a Title IX violation hearing is a lot less than it is in criminal court. That’s why, with the right lawyer, criminal charges linked to Title IX violations are often dropped due to insufficient evidence.

Even though Title IX violations are outside of the criminal justice system, the consequences of a decision against you could be devastating. Administered by the college, university, or other educational institution where the alleged violation occurred, Title IX hearings have the power to upend your life.

Title IX violation consequences

The consequences of a Title IX accusation or unfavorable decision can be devastating and difficult to overcome. They may include penalties by the school as well as serious damage to your public reputation and future career and educational opportunities. Common penalties for a Title IX violation include:

• Academic suspension or expulsion
• Allegations on permanent academic record
• Loss of financial aid and scholarships
• Damaged campus and/or family reputation
• Banned from joining athletic teams
• Emotional distress, anxiety, depression
• Possible criminal charges that may result in incarceration and fines
• Tarnished future career potential
• Strained personal, social, and professional relationships

If you, your son, or daughter has been accused of a Title IX violation in Texas, do not underestimate the severity of the situation. Don’t face Title IX hearings alone. Contact us for a free and confidential case evaluation. We can answer questions, explain your rights, and help you decide what to do next.

12 Steps in the Title IX complaint and hearing processes

According to federal guidelines, each institution of education that receives government money must establish a fair hearing process to address Title IX complaints. Colleges and universities are required to treat the complainant and respondent equally, but typically favor the so-called victim. This makes it even more imperative to have an experienced Title IX defense lawyer on your side. While every campus has its own take on the process, here are the basic steps of the Title IX process:

• Step 1. A complaint of sexual assault or harassment is made with campus police, administrators, or another professional with a duty to help students
• Step 2. The complainant is contacted by a representative of the college or university to discuss the case, provide resources for sexual assault support, and explain the process for a Title IX accusation.
• Step 3. If they choose, the complainant may file a Title IX Formal Complaint
• Step 4. Support is supposed to be provided for both the accuser and the accused
• Step 5. The accused person receives a Written Notice of Allegations, which outlines the complaint and provides directions for how the Title IX violation process will unfold
• Step 6. The university must consider the possibility of dismissing the complaint under certain circumstances
• Step 7. The complaint is investigated by the university. Evidence is gathered and the parties may have one advisor help them participate in the process
• Step 8. Next, the people involved are given an opportunity to respond to evidence discovered by investigators
• Step 9. A report detailing the investigation methods and outcomes is written. This document may include conclusions about responsibility.
• Step 10. Parties are allowed to respond to assertions and statements in the report
• Step 11. Questions written by the accused to the victim, and vice versa, may be submitted through the school
• Step 12. A decision will be reached by the university's appointed "decision maker" and will include information about responsibility, remedies, and penalties
• Appeal. If the complainant or respondent is not satisfied with the outcome, they may request a hearing to appeal.

It is worth noting that after a formal complaint is filed, an informal solution can be negotiated at any time to settle the accusations. Also, consequences can be held against the accused before the conclusion of an investigation. For example, a university may inflict an "emergency removal" from the campus and classes, among other things.

How Botsford & Roark fights Title IX allegations

At Botsford & Roark, we empathize with individuals facing these allegations and are committed to ensuring that your rights are protected. Our holistic approach encompasses every aspect of the legal process, from pre-hearing negotiations to post-hearing support. Here’s how we handle Title IX defense cases:

• In-depth consultation. Every defense begins with a deep understanding of the situation. We sit down with our clients, combing through the details of the allegations, the evidence at hand, and the procedures followed by the institution in question.
• Guided navigation. The Title IX process can vary significantly from one institution to another. Whether it’s a public university, a private college, or a K-12 school, our team is adept at understanding the nuances of each institution’s specific procedures, ensuring that your rights are upheld throughout.
• Evidence compilation. A robust defense is built on strong evidence. We work with our clients to compile all pertinent information, from communications and eyewitness accounts to expert testimonies if needed.
• Hearing representation. While Title IX hearings are not legal trials, they share many similarities. Our experienced attorneys will represent you during these hearings, ensuring that your voice is heard, and your side of the story is presented accurately and persuasively.
• Appeal assistance. Should the initial outcome not be in your favor, many institutions offer an appeal process. We guide our clients through this, crafting a solid appeal based on procedural missteps or new evidence.
• Defending your academic and professional future. Title IX allegations can have long-lasting repercussions on one’s academic and professional trajectories. Our goal goes beyond just the immediate case; we strive to ensure that your future remains as unaffected as possible.

Get decades of Title IX defense experience on your side

Facing Title IX allegations can be confusing and stressful. We prioritize keeping you informed at every step, ensuring you always understand where your case stands. At Botsford & Roark, you’re not just another case number. We take the time to understand your specific circumstances and tailor our approach to best serve your needs. If you have been accused of a Title IX violation in Texas, contact us right away for a free and confidential case evaluation. We can get started on your case and bring you peace of mind today.