A Title IX investigation is a formal investigation of allegations of sexual harassment, sexual misconduct, sexual assault, or sex-based discrimination in an education program or activity, conducted by the educational institution where the incident occurred. All educational institutions, from K-12 schools to colleges and universities that receive federal funds, are required to investigate when allegations are made.
If you’ve received notice of a complaint filed against you by your school’s Title IX office, you may not understand what a Title IX investigation is, and what could happen. It may seem like you are being accused of criminal conduct, but the burden of proof is lower. The accuser only needs to show by a preponderance of the evidence (i.e., more likely than not) that you committed the offense, not prove it beyond reasonable doubt. If the evidence points in that direction, you could be expelled or face other sanctions, like suspension, reprimand, or removal from your sports team.
You have the right to have a lawyer represent you in the Title IX complaint process. An experienced legal advocate can be the difference between protecting your innocence and facing serious punishment.
What is Title IX?
Title IX of the Education Amendments of 1972 is a federal law that protects students and educators from sex-based discrimination in schools. Title IX jurisdiction applies to every educational institution that receives funding from the U.S. Department of Education.
Title IX outlines the process for an aggrieved party to file a formal complaint, for the school to investigate the matter, and how the resolution process is to proceed.
What is a Title IX investigation process like?
The investigation begins when a complainant files a formal complaint with the school’s Title IX coordinator regarding an alleged violation (harassment, discrimination, etc.). The coordinator ensures compliance, implements policies, and coordinates the investigation.
The investigation begins with a formal notification to the complainant and the person alleged to have committed the violation, advising them of their rights, any supportive measures provided by the school, and their right to an attorney or advisor. The school may enact interim measures, such as no-contact orders, emergency removals, or schedule changes, as the investigation proceeds.
The school’s Title IX-designated investigator looks into the matter, takes statements from the complainant, the respondent, and any witnesses, and gathers other relevant evidence, such as photographs or videos, text messages, social media posts, and physical evidence. Then, they present their investigation report to the complainant and respondent. Each party has a set period of time, usually 10 days, to review the report and respond, or make any corrections to edits to the report.
The finalized report goes to the decision maker, a separate person (per federal law) from the Title IX investigator. These decision-makers are usually the principal or assistant principal in a K-12 school, or a panel of three people at colleges and universities. Universities are required to provide a hearing, in which witnesses and parties may be questioned and cross-examined.
The standard of proof in Title IX claims is (at least) a preponderance of the evidence that indicates the accused is guilty. This means the evidence and testimony show it is more likely than not that the respondent committed the violation. At the conclusion of the investigation, the parties are notified of the outcome. If the respondent is found responsible, they are informed of the consequences.
What are the possible outcomes of a Title IX investigation?
The consequences if you’re found guilty of a Title IX violation can range from a formal warning to loss of employment (for faculty) or expulsion (for students). If you’re accused, you have the right to an attorney to represent you. Title IX investigations are not the same as the criminal justice process, but your lawyer serves in much the same role. They can help build a case to exonerate you, investigate and interview witnesses, and monitor the school’s investigation to ensure that your rights aren’t violated and you’re treated fairly.
Because accusations made in a Title IX investigation could lead to criminal charges, having a lawyer is critical. Anything uncovered or stated in the school’s investigation could be used against you in a criminal case, and the consequences of a conviction for sexual assault or similar charges are serious.
You have the right to a Title IX defense lawyer. Contact us today
If you have been accused of a Title IX violation, you could face criminal charges in addition to the consequences leveled by your school, which can include expulsion. The standards of proof are lower in a Title IX case, so an accusation can carry more weight than it might otherwise. This makes it even more important to protect your rights. We’re ready to help you in both criminal court and the school’s Title IX investigative process. Call Shaheen & Gordon today at (800) 451-1002 for a confidential consultation.
