Title IX Defense Lawyers
Defending against a Title IX violation accusation in a college proceeding requires careful navigation of the legal, procedural, and evidentiary aspects of the case. A Title IX hearing and a criminal trial differ significantly in several key aspects, including their purpose, procedures, standards of proof, and consequences; however, there is significant overlap in strategy and techniques. These include presenting witnesses and evidence, discrediting the accuser and factual allegations, and challenging the investigative and due process procedures employed. One notable difference is that Title IX hearings often let in significant character, reputation, and propensity evidence that would be inadmissible at a criminal trial. Another notable difference is that there is no “conviction” at a Title IX hearing, though the consequences, including suspension or expulsion from college, are severe.
Title IX procedures and defenses can vary based on institutional policies and the specifics of the case. Representation by a lawyer experienced in Title IX matters is highly advisable to ensure the most effective defense strategy. The lawyers at Korody Law have a combined 60+ years experience defending young men and women accused of inappropriate sexual behavior.
Title XI hearings are used to determine if the Respondent (the person accused of the violation) is “responsible” (the Title IX word for guilty) for violating school policy based on the incident(s) in your Title IX complaint. Hearings look different at every school, but in general, the hearing will consist of (1) optional opening statements by the Complainant (the accuser) and/or the Respondent; (2) questioning of witnesses by the hearing officer/panel (the Complainant and Respondent will submit questions for the hearing officer to ask the witnesses; some schools permit the party or advisor to cross-examine the witnesses, especially if the advisor is an attorney); (3) questioning of the Complainant and Respondent by the hearing officer/panel followed by cross-examination; and (4) closing statements (by the Complainant and Respondent). Both the Complainant and Respondent are entitled to an advisor and a support person at the hearing.
Each party has the right to an advisor at the hearing. That advisor—at least for the Respondent – should be an attorney. If a party does not have an advisor for the hearing, the Title IX Coordinator will appoint an advisor for the hearing, at no cost to the party. This appointed-advisor is normally an administrator or staff member at the university. The Complainant in a Title IX complaint normally has a significant support system to assist in the preparation of the hearing; this team often includes a victim advocate and advisor from a non-profit victim advocacy organization.
Title IX is a federal regulation that bans sex-based discrimination in schools that receive federal funding. Sex-based discrimination includes discrimination based on sexual misconduct or harassment. Universities generally define sexual misconduct to include: Dating violence; Domestic violence; Sexual harassment; Nonconsensual sexual contact; Nonconsensual sexual penetration; Sexual exploitation; Stalking; Retaliation for making complaints of such violations. Title IX also mandates how schools that receive any federal funding (almost every university in the county) resolve such complaints. If they fail to follow these rules, Title IX allows the government to pull the school’s federal funding. This creates bias and an incentive for schools to take action on even baseless Title IX complaints to prevent an appearance that the school is not enforcing Title IX.
The Title IX lawyers at Korody Law have decades of experience defending young individuals against baseless sex offenses including sexual assault, rape, sexual harassment, nonconsensual sexual contact, and other sex crimes. Protect your education, degree and future – call Korody Law for a free case consultation.
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