Why You Need a Title IX Lawyer For Criminal Law
If you are being investigated for a Title IX violation, you need to hire an attorney immediately. Even seemingly innocuous statements can be used as evidence against you, especially if said to friends or relatives. You should also begin gathering evidence as quickly as possible.
Our attorneys will ensure that you are treated fairly throughout the Title IX process. This includes acting in the role of a communication intermediary to prevent leaks and defending you right to cross examination during the hearing.
Title IX - a federal law
Passed under President Nixon, Title IX requires educational institutions that receive federal funding to investigate allegations of sexual assault. This law is being interpreted in a way that was not intended when it first passed. School administrators feel pressured more and more to investigate sexual misconduct allegations without giving the accused student an opportunity to speak out.
A Title IX Lawyer Dekalb can ensure that your case is handled properly. They will make sure that the investigation takes place in a thorough manner, without rushing it, and that no evidence is missed. They will also protect your reputation by making sure that all evidence is preserved, and not destroyed prematurely.
A New York Title IX attorney will also defend your right during a disciplinary hearing. They will act as an intermediary between the complainant, and the respondent in order to prevent statements which could undermine your defence. They will also challenge interim orders such as no-contact ones that prevent the parties from communicating or going to the exact same places.
It is a law that is gender-neutral
When a sexual assault or harassment complaint is filed, a school or program must conduct an investigation and resolve the matter using a preponderance of evidence standard. In addition, the law requires schools to notify victims of their rights and responsibilities.
Title IX requires that all schools, colleges, programs, and institutions receiving federal financial assistance comply with the law. This includes public or private universities, trade, vocational, and secondary schools. Anyone can file a claim against an institution for violating Title IX.
The Office of Civil Rights (OCR), oversees Title IX enforcement. Its scope of jurisdiction covers a range of issues including bullying and discrimination due to gender or pregnancy. Title IX lawyers can help explain your rights, and assist with filing a formal complaint. The law also forbids retaliation of people who have filed complaints or spoken out against sexual assault and harassment. Moreover, the law prohibits voyeurism - watching someone without their consent. It also prohibits electronic communications such as text messages, emails, or social media for harassment.
It is a criminal law
Title IX prohibits all forms of discrimination, including sexual harassment, in programs receiving federal funding. It also prohibits reprisals for filing a formal complaint. It applies to programs such as forestry and fishing education classes, a local course about how to start your own business, or a college level business class sponsored by the Small Business Administration.
Title IX provides protection to alleged victims of dating violence, stalking or sexual assault. These violations may not be criminal, but they can do a lot of harm to the victim. They can also derail a person's career plans, or make it nearly impossible for them find a job following graduation.
Title IX hearings are based on the preponderance standard. Unlike criminal justice systems, which operate under a "beyond reasonable doubt" standard to determine guilt, Title IX uses a standard based on the "preponderance of evidence" standard to determine if a person is guilty or innocent. To defend themselves against such accusations, it is important that the accused hire a Title IX attorney who has a proven track record.
It is a civil law
Title IX, the law that prohibits gender discrimination in all education programs, applies to most educational institutions. When a person files a complaint of sex-based discrimination or harassment, the school is obligated to conduct an investigation and disciplinary hearing. In some cases, schools will take interim measures to protect an alleged victim. For example, they may issue a no contact order. This could prevent the accused student from participating in student organizations, fraternities or sororities social membership, or athletic participation.
In recent years, it has been reported that colleges and universities have bungled investigations and dismissed complaints, allowing sexual harassers to remain on campus. Many students have sued their schools in civil court, seeking not only a change in procedures, but also compensation for monetary damage. A Title IX lawyer will help you through the process.