Colorado Title IX Defense Attorneys
Protecting the Rights of Students and Educators in Title IX Cases
If someone accuses a student or educator of sexual misconduct in an educational setting, the consequences can be severe. In addition to potential criminal charges, the accused can face disciplinary action from their school, including expulsion or termination. In many cases, these disciplinary actions result from a Title IX investigation.
Seeking legal counsel is crucial if facing allegations related to Title IX violations. The complexities and potential consequences necessitate knowledgeable guidance. Our Colorado Title IX lawyers at Raiser & Kenniff, P.C., have extensive experience navigating the intricate landscape of these cases. We understand the nuances of this law and are ready to assist individuals accused of violations.
Call us at (888) 646-0025 to schedule a consultation. Alternatively, contact us online to learn more about our services.
Under Title IX of the Education Amendments of 1972, schools that receive federal funding must take specific steps to prevent and address sex-based discrimination and sexual misconduct.
These actions include the following:
- Adopting and publishing a policy that prohibits sexual misconduct
- Appointing a Title IX coordinator
- Providing training to students, faculty, and staff
- Investigating all reports of sexual misconduct
- Providing a fair and impartial process for resolving Title IX complaints
While Title IX is intended to protect individuals, it also provides a mechanism for students, faculty, staff, and other employees to be accused of sex-based discrimination. If someone is accused of sexual misconduct, the school must investigate the complaint and take appropriate action. If the school fails to do so, it can lose its federal funding.
Thus, schools have a strong incentive to take action against accused students, faculty, and staff, even if the evidence of sexual misconduct is weak or non-existent. As a result, those alleged to have committed a Title IX violation must be prepared to defend themselves aggressively.
What Can Be Considered Sex-Based Discrimination Under Title IX?
Under Title IX, sex-based discrimination is a broad term that encompasses a wide range of inappropriate behaviors. While sexual assault is one form of sexual misconduct, it is not the only form that can lead to a Title IX investigation.
Other behaviors that can lead to allegations include:
- Sexual harassment
- Sexual exploitation
- Dating violence
- Domestic violence
Importantly, Title IX applies to all forms of sex-based discrimination, regardless of the gender of the victim or the accused.
What Happens During a Title IX Investigation?
The school must investigate when someone files a complaint of a Title IX violation. The investigation process should be fair and impartial, but it is not uncommon for schools to make mistakes.
During the investigation, the school will interview the accused, the alleged victim, and any witnesses with relevant information. The school will also review other available evidence, and it will determine whether the accused is responsible for sexual misconduct.
Once the investigation is complete, the school will notify the accused of its findings. If the institution finds the individual responsible, they will be subject to disciplinary action. The investigation will be closed if the institution finds the accused not responsible. The individual will not face further consequences.
What Are the Potential Penalties for a Title IX Violation?
A student found responsible for sexual misconduct under Title IX can face a variety of disciplinary actions.
These can include:
- Loss of scholarships and financial aid
- Loss of extracurricular activities
For educators, the consequences can include termination of employment and hurt career opportunities.
If you are facing accusations and an investigation, you must be prepared to defend yourself.
At Raiser & Kenniff, P.C., our Colorado Title IX defense attorneys help clients at every stage. We assist in preparing for interviews and crafting a solid defense. We encourage you to contact us for a confidential consultation.
Call (888) 646-0025 or request an appointment online.
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