Title IX Investigations and sexual assault allegations can have serious implications on the reputation and future of the accused. The Title IX attorneys at Berry Law have experience protecting the rights of individuals being investigated for Title IX allegations. Our team of accomplished attorneys has achieved a national reputation for our formidable defense representation. If you are facing an investigation related to Title IX accusations, our lawyers can help.
If you are facing Title IX charges, do not sit back and wait for them to blow over. Title IX investigations may result in a criminal prosecution and/or serious repercussions to your academic and professional goals. Take the proper steps to ensure that you are protected and your rights our preserved by consulting our experienced Title IX attorneys. At Berry Law, our experienced 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, and students. Issues under Title IX include:
- sexual harassment
- participation in athletics
- discrimination against pregnant students
- discrimination in STEM courses
- retaliation for enforcing Title IX
- 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 funded federally and is not limited to the traditional schools such as a public primary school. Any type of federally funded education program can be subjected to 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 (certain private schools) then Title IX does not apply.
Sexual Assault and Title IX Investigations on College Campuses
Protection of students in educational programs or activities from sexual harassment is included under Title IX. This especially comes in to play on college campuses. Any sort of sexual assault on a public college campus is immediately subjected to Title IX regulation. This includes the activities of students, staff, and professors.
Naming Sexual Assault under Title IX
Harassment based on sex or gender can occur in multiple ways. The three main types are:
- Sexual Harassment – Includes any sort of unwanted sexual behavior which ranges from verbal to non-verbal advances.
- Sexual Violence – A version of sexual harassment that refers to physical sexual acts that occurred 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 sex. Slurs and stereotypes are included under this type of harassment as well as any sort of physical attacks or threats that are gender-motivated.
Title IX Investigations
The investigation must be impartial and may or may not include a hearing based on the situation. During this process both parties have equal rights, including:
- The ability to present witnesses and evidence relevant to the case.
- 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 of punishment or remedy if necessary. Additionally, either party has the right to appeal the school’s decision.
Berry Law’s Title IX Attorneys
If you or a loved one is involved with a Title IX case, you do have the right to an attorney. Attorneys can help you be positive that your rights are being protected. The Title IX attorneys at Berry Law are experienced in handling Title IX cases and can help you fight for your rights. Schedule a consultation today to ensure that your rights, your reputation, and your future are protected.