Title IX investigations and sexual assault allegations can have serious implications on the reputation and future of the person being accused. If you have been charged under this law, you need to work with a Title IX attorney who has extensive experience protecting the rights of individuals being investigated for Title IX allegations.
The Berry Law team of accomplished defense attorneys can guide you through the complicated investigation and hearing process. We have achieved a national reputation for our formidable defense representation. If you are facing an investigation related to Title IX accusations, our lawyers can help.
Title IX charges should always be taken seriously because they can have lifelong implications. Do not sit back and wait for them to blow over. Title IX investigations may result in a criminal prosecution and serious repercussions to your academic and professional goals.
Take the proper steps now to ensure that your rights are protected and your future is preserved by consulting with an experienced Title IX attorney at Berry Law. Our dedicated, aggressive attorneys will fight to defend your rights, reputation, and future.
What is Title IX?
Title IX (rarely written as “Title 9”) is a portion of the Education Amendments that were passed in 1972 in an effort to prevent discrimination based on sex in federally financed education programs and activities. It protects all persons holding a relationship with the organization including guardians, employees, faculty, and students. Topics addressed under Title IX include:
- sexual harassment
- participation in athletics
- discrimination against pregnant students
- discrimination in STEM courses (science, technology, engineering, and mathematics)
- retaliation for enforcing Title IX provisions
- employment discrimination
Title IX’s main purpose is to prevent sexual discrimination being funded by the federal government. It applies to every aspect of education that receives federal funds and is not limited to the traditional schools such as a public primary school.
Any type of federally funded education program can be covered by Title IX, even if it does not take place on the organization’s grounds or in its facilities. If the institution receives no form of federal funding, for example, certain private schools, then Title IX does not apply.
Sexual Assault and Title IX Investigations on College Campuses
Protection of students from sexual harassment in educational programs or activities is included under Title IX. This protection comes in to play most often on college campuses. Any sort of sexual assault on a public college campus is immediately subject to Title IX regulation. This includes the activities of students, staff, and faculty.
What Forms of Sexual Harassment are Covered Under Title IX?
Any harassment based on sex or gender falls under Title IX. These acts can occur in many ways. The three main types of sex- or gender-related violations are:
- Sexual Harassment – Includes any sort of unwanted sexual behavior which includes verbal and non-verbal advances.
- Sexual Violence – A version of sexual harassment that refers to physical sexual acts that are perpetrated towards a person against their will or when they were unable to give consent. This includes rape, sexual assault, sexual abuse, and sexual coercion among other offenses.
- Gender-Based Harassment – Unwanted behavior based on a person’s viewed gender. Slurs and stereotypes are included under this type of harassment as well as any sort of physical attacks or threats that are gender-motivated.
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Title IX Investigations
Title IX investigations must be impartial and may or may not include a hearing depending on the situation. During this process, the parties have equal rights, including:
- The ability to present witnesses and evidence relevant to the case.
- The right to have an attorney of the party’s choice consult with the party during the investigation.
- Allowance of a third-party expert.
Once the coordinator has made their decision, they must inform the alleged perpetrator and the alleged victim of the outcome. The university will then make any final decisions regarding punishment or impose a remedy if necessary. Additionally, either party has the right to appeal the school’s decision.
If you are facing Title IX accusations, the best way to protect your rights throughout the investigation and hearing process is to consult with a knowledgeable Title IX attorney before, during, and after the formal procedures. Not all law firms handle these cases, so be sure to reach out to legal professionals who understand the implications these cases can cause.
Contact a Lincoln Title IX Attorney at Berry Law Today to Protect Your Future
If you or a loved one is involved with a Title IX case, you have the right to be protected by a Title IX attorney. The Title IX lawyers at Berry Law are experienced in handling and resolving these cases and we can give you peace of mind while we help you fight for your rights. Contact Berry Law to speak with a dedicated defense lawyer who can ensure that your rights, your reputation, and your future are protected.