Title IX is a federal law that prohibits sexual assault, misconduct, or discriminatory treatment based on gender at any educational institution that receives federal grants. The universities and colleges are required to investigate any formal complaints and prevent further misconduct. They must maintain a written policy that outlines the investigation process and provides a prompt and equitable resolution to Title IX claims for sexual assault or misconduct involving its students. Gordon Delić & Associates can help ensure that you know your rights and advise you through any Title IX claim that arises in a university or college setting.
Due Process
Students or employees who report or are accused of misconduct are guaranteed due process rights under Title IX. Due Process refers to the fair and equitable treatment of both parties in a case. In a Title IX sexual assault or misconduct case, both parties have the right to an advisor to help them navigate the challenging investigation process. The parties are also entitled to cross-examination of any parties and witnesses. The accused has the right to the notice of allegations, live hearings, and pre-established standard of proof. This process can be a difficult time for all parties involved, but Gordon Delić & Associates can advise you throughout the process to help ensure that your rights remain intact and defend your best interest.
Why You Need An Attorney-Advisor
You have the right to an advisor throughout the Title IX investigation process. Your school will likely tell you that your advisor does not need to be an attorney. It is recommended that you hire an attorney because the Title IX formal hearing is like a court hearing or trial. However, since it’s not a legal proceeding, the attorney doesn’t function in an official capacity, but rather in an advisory role.
Having an attorney-advisor can make the process more manageable because we’ll help with:
- Preparing for your interview with the investigator
- Gathering documents and witnesses that support your position
- Assisting in responding to the investigator’s final report
- Drafting your position statements
- Accompanying you to all meetings with the investigators or Title IX coordinator
- Attending the Title IX formal hearing and cross-examining the other party and witnesses
- Ensuring that the school is following all of the Title IX requirements
A concern of equitability arises when one of the parties has an attorney-advisor, and the other party doesn’t. Attorney-advisors are trained in cross-examination and adversarial proceedings. The other advisor’s profession and training may not be as well-matched in a Title IX case. Under these circumstances, the party without an attorney-advisor may be at a serious disadvantage.
Why You Need An Attorney-Advisor
You have the right to an advisor throughout the Title IX investigation process. Your school will likely tell you that your advisor does not need to be an attorney. It is recommended that you hire an attorney because the Title IX formal hearing is like a court hearing or trial. However, since it’s not a legal proceeding, the attorney doesn’t function in an official capacity, but rather in an advisory role.
Having an attorney-advisor can make the process more manageable because we’ll help with:
- Preparing for your interview with the investigator
- Gathering documents and witnesses that support your position
- Assisting in responding to the investigator’s final report
- Drafting your position statements
- Accompanying you to all meetings with the investigators or Title IX coordinator
- Attending the Title IX formal hearing and cross-examining the other party and witnesses
- Ensuring that the school is following all of the Title IX requirements
A concern of equitability arises when one of the parties has an attorney-advisor, and the other party doesn’t. Attorney-advisors are trained in cross-examination and adversarial proceedings. The other advisor’s profession and training may not be as well-matched in a Title IX case. Under these circumstances, the party without an attorney-advisor may be at a serious disadvantage.
Title IX vs. Criminal Charges
Criminal charges involve criminal proceedings in which the prosecutor must prove the case beyond any reasonable doubt, which is the highest burden of proof in the U.S. court system. If found guilty, the defendant can face imprisonment and/or probation.
Title IX claims involve a civil administrative proceeding where the standard of proof is by a preponderance of the evidence. This means that the complainant only needs to prove that there is a greater than 50% chance that the claim of misconduct is true. This is a much lower burden of proof, and these cases are more likely to be successful against the accused party. If found liable, the accused party could face suspension, expulsion, organizational sanctions, permanent notation on their academic record, counseling, or other actions.
Our Title IX Attorneys Can Help
The attorneys at Gordon Delić & Associates can represent both complainants and respondents in Title IX sexual assault or misconduct cases. Our role in defending your rights in a Title IX case is as an advisor. We can advise students throughout the process, from the first interview with the Title IX investigator to the formal hearing. We will work with you to investigate the facts of the case and gather evidence to prove your position. Call us today to schedule a confidential consultation!
