The Title IX investigation process has many shortcomings. Trying to navigate a Title IX investigation without a proven, experienced attorney serving as your advisor is risky. Below are ten challenges of defending a Title IX accusation and why your first step in the process needs to be enlisting a criminal defense attorney:
- Written policies and guidelines vary school to school. The way in which a Title IX accusation is handled varies at each institution. While each school must follow certain guidelines developed under Title IX, the written policies and procedures will differ from school to school. Is your school a public university or private college? The answer to this simple question will have an impact on how your case is handled.
- Schools and other institutions are required to take swift action when it comes to Title IX accusations. Even if a student or parent does not want to pursue the matter, the educational institution is required by law, to conduct a complete investigation.
- Many moving parts to a Title IX accusation and investigation. See the Contant Law article regarding the Title IX investigation process. Making a wrong move can jeopardize your defense and, honestly, your life. This civil disciplinary action has far reaching consequences.
- The notification process. The accused may not be properly notified of the facts and circumstances surrounding the allegations.
- The demand process is a critical phase in the Title IX investigation process. It is strongly recommended that you carefully prepare your written and verbal responses to the accusations.
- Retaliation. Any perceived or real action that is interpreted to be retaliation will adversely impact the ability to successfully defend against the Title IX accusations.
- Nuances in the hearing process. There are differences in the process from school to school. Nuances include whether a school follows a single investigator model or a dual investigator model. For some schools there may be a hearing panel, at others there is one person making the final decision on the matter. Understanding if you get to meet, confront and ask questions of your accuser is important to planning your defense. At Contant Law we will explain the process and advise you on the proper course of action as it relates to the process at your school.
- Limited due process. There are inherent problems with the way Title IX has evolved over the years. As the accused, you need to be fully aware of how the process is generally skewed to protecting the accuser and while you have rights, the process and power generally favors the accuser.
- Two potential defenses. The potential for both school discipline and a separate criminal case is real. Certainly, having to defend two cases is daunting and overwhelming. Going it alone is not recommended. Protect yourself and get Contant Law in your court.
If you or a loved one faces a Title IX accusation, do not delay. Making the wrong move can jeopardize your defense. Get a proven criminal defense attorney to help you through this stressful, upsetting time leveraging the experience and know-how to navigate the complex and often confusing process. At Contant Law, we will be with you, at your side, explaining everything to you and advising you each step of the way.
We’re here to answer your questions and help you throughout the process
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