The primary goal of college disciplinary and Title IX proceedings is to maintain the integrity and safety of educational institutions. However, if you are facing such proceedings, the stakes are high. Sanctions can include suspension, expulsion, and a permanent mark on your academic records.
Hiring an experienced license lawyer can make all the difference. At Riverside License Attorney, we can guide you through these proceedings, offering the expertise and support necessary to protect your rights and future.
What is Title IX?
Title IX is a federal civil rights law in the United States. It aims to eliminate sex-based discrimination in educational institutions, including public and private schools, colleges, and universities.
This law covers various forms of sexual harassment and assault. Educational institutions are required to address and remedy such complaints.
Additionally, Title IX applies to athletic programs, ensuring equal opportunities for men and women by mandating equitable allocation of resources, scholarships, and facilities for male and female athletes. It also extends to employment practices within educational institutions, prohibiting sex-based discrimination in hiring, promotions, and admissions processes.
Moreover, Title IX mandates that schools provide necessary support and accommodations to individuals who have experienced sex discrimination, harassment, or assault, which may include academic adjustments, counseling services, and changes in living arrangements.
The U.S. Department of Education’s Office for Civil Rights (OCR) enforces Title IX. The OCR investigates complaints, conducts compliance reviews, and guides educational institutions on adhering to Title IX requirements.
The OCR requires schools to establish grievance procedures for handling complaints of sex discrimination. These procedures must be prompt, equitable, and accessible to all students and employees. Additionally, educational institutions must appoint a Title IX Coordinator to oversee compliance, handle complaints, and ensure the institution's policies and practices align with Title IX requirements.
Types of Misconduct Covered Under Title IX and Disciplinary Proceedings
Title IX and disciplinary proceedings cover various forms of misconduct to ensure safe, equitable, and respectful educational environments. Here is an overview of the types of misconduct covered under Title IX and disciplinary proceedings:
1. Sexual Harassment and Assault
Sexual harassment under Title IX includes unwelcome conduct of a sexual nature. It can be verbal, non-verbal, or physical. Some examples of sexual harassment include the following:
- Inappropriate sexual comments or jokes
- Unwanted sexual advances or propositions
- Displaying sexually explicit materials in an environment where it is unwelcome
On the other hand, sexual assault involves any non-consensual sexual act, such as:
- Rape
- Fondling without consent
- Attempted rape
2. Domestic Violence
Domestic violence refers to violence committed by a person who is or has been in a romantic or intimate relationship with the victim. This may include physical, emotional, or sexual abuse.
3. Stalking
Stalking involves engaging in conduct directed at a specific person that causes fear for their safety or the safety of others or substantial emotional distress. This can include:
- Repeated unwanted attention or contact
- Following the victim
- Sending threatening messages
4. Academic and Behavioral Misconduct
Academic misconduct undermines the integrity of academic processes and may include:
- Cheating on exams or assignments
- Plagiarism
- Falsifying academic record
On the other hand, behavioral misconduct pertains to actions that violate the institution’s code of conduct and can include alcohol and drug violations, vandalism, theft, physical altercations, hazing, and cyberbullying.
5. Discrimination
It is unlawful to discriminate against another person based on race, color, national origin, religion, age, sexual orientation, or disability. You may face disciplinary proceedings if you make discriminatory remarks, deny someone an opportunity based on these protected characteristics, or engage in actions that create a hostile environment for individuals within these groups.
Who Can Make a Title IX or Disciplinary Claim?
Title IX
Under Title IX, any individual who believes they have been subjected to sex-based discrimination, harassment, or violence can file a claim. This includes students, regardless of their level of study, who experience or witness discrimination or harassment.
Faculty, staff, and other employees of the institution can also file Title IX claims if they experience or witness sex-based discrimination or harassment.
Additionally, individuals who are not directly affiliated with the institution, such as visitors and vendors, but who experience or witness discrimination or harassment on campus or in an education program or activity, can file a Title IX claim.
In cases involving minors, parents or guardians can file a Title IX complaint on behalf of their child.
Disciplinary Claim
Various individuals within the institution can also initiate college disciplinary claims. Any student who experiences or witnesses misconduct that violates the institution’s code of conduct, such as academic dishonesty or behavioral misconduct, can file a disciplinary complaint.
Additionally, faculty and staff members can file disciplinary claims if they witness or are subjected to misconduct by students or other employees, or if they observe violations of academic integrity or professional conduct.
College administrators, including Title IX coordinators, deans, and other officials, can initiate disciplinary proceedings if they become aware of violations through reports, observations, or other means. Many institutions also provide mechanisms for anonymous reporting of misconduct, allowing individuals to file complaints without revealing their identity.
What Should You Do After You Have Been Notified That a Title IX or Disciplinary Claim Has Been Filed Against You?
The first thing you should do is to remain calm. Although receiving such notification is alarming, you should stay calm and collected, as reacting impulsively can complicate matters further.
Then, review the notice carefully to understand the specific allegations against you, paying attention to any deadlines, hearing dates, and instructions for responding to the claim. Seek legal advice by contacting an attorney specializing in Title IX and college disciplinary proceedings. An experienced lawyer can guide you, help you understand your rights, and represent you.
Ensure you preserve evidence by gathering and preserving any materials supporting your case, such as emails, text messages, social media posts, photographs, videos, and any other relevant documents or information. Work with your attorney to prepare a clear and accurate statement of your version of events. Be truthful and avoid making statements interpreted as admitting guilt or responsibility.
As the accused, you have certain legal rights during the proceedings. This includes the right to a fair hearing, the right to present evidence supporting your case, and the right to have an attorney present during the hearing.
Avoid retaliation against the complainant or any witnesses, as retaliation can lead to additional charges and complicate your case further. Also, limit communication by avoiding discussing the case with anyone other than your attorney. This is because loose conversations can be misinterpreted or used against you in the proceedings.
Ensure you participate fully by attending all the required meetings. Also, remain cooperative in the investigation process, but always stay in communication with your attorney to avoid incriminating yourself.
Be aware of any interim measures your institution might put in place, such as no-contact orders or changes to your class schedule or housing, and follow these measures to avoid further complications. Document everything by keeping detailed records of all communications and interactions related to the case, including emails, letters, and notes from meetings. This documentation can be crucial if there are disputes about what was said or agreed upon.
What Happens During a Title IX or Disciplinary Hearing?
Once you have received the formal notification for the proceedings, the school will initiate a formal investigation process. If there is sufficient evidence against you, you will be requested to attend a Title IX or disciplinary hearing. Remember, you have the right to be represented by a lawyer during the hearing.
During the hearing, you will be informed of the allegations against you and a summary of the evidence collected during the investigation. The complainant will also call upon witnesses who can provide relevant testimony related to the allegations. These witnesses may include individuals who witnessed the incident, experts offering professional opinions, or character witnesses speaking to your behavior.
You have the legal right to cross-examine these witnesses, and your attorney can do so on your behalf. When cross-examining the witnesses, you can challenge the credibility of their testimony and clarify any inconsistencies.
You will also be allowed to make a statement or argument in your defense, addressing the allegations directly, presenting your version of events, and responding to any evidence or testimony against you. Then, you and the complainant will be allowed to make closing statements to summarize your arguments, emphasizing key points supporting your position.
After the closing statements, the panel will consider all the evidence and arguments presented by both parties. The standard of proof in Title IX and college disciplinary proceedings is the preponderance of the evidence. This means that the panel will determine whether it is more likely than not that the alleged misconduct occurred. This standard is lower than the "beyond a reasonable doubt" standard used in criminal cases, requiring only that the evidence shows that the violation is more probable than not.
The panel's decision will be based on this threshold. Once the decision is made, both parties will be formally notified of the outcome.
What Sanctions Can You Face?
If you are found responsible for violating Title IX or engaging in misconduct under college disciplinary proceedings, you may face various sanctions depending on the severity of the offense and the institution's policies. These sanctions can have significant academic, personal, and professional implications.
Some possible sanctions include the following:
- Suspension—This is a temporary removal from the institution for a specified period. Depending on the severity of the violation, this can range from a semester to several years.
- Expulsion — This is a permanent removal from the institution. Expulsion is one of the most severe penalties and can have long-lasting effects on your academic and professional future.
- Probation — This is a period during which you must adhere to specific conditions and demonstrate good behavior. Any further violations during this time may result in more severe sanctions.
- No-contact orders—The institution may restrict contact with or approach the complainant or other individuals involved in the case. Violating no-contact orders can lead to additional penalties.
- Educational programs — The school may require you to participate in educational programs, such as workshops on sexual harassment, consent, and healthy relationships.
- Counseling — The school may require you to attend counseling sessions.
- Community service and fines — You may be required to complete a specified number of hours of community service as a form of restitution. In some cases, you may be ordered to compensate the victim.
- Loss of privileges — You may lose certain privileges, such as participating in extracurricular activities, holding leadership positions, or accessing certain campus facilities.
- Academic penalties — For academic misconduct, penalties can include failing the assignment, failing the course, or being placed on academic probation.
Can You File an Appeal?
You generally have the right to file an appeal if you are subject to sanctions following a Title IX or college disciplinary proceeding. The appeals process allows you to challenge the outcome of the initial decision based on certain grounds, such as:
- Procedural errors during the investigation or hearing process.
- New evidence that was not available or considered initially.
- Bias or conflicts of interest that may have influenced the decision.
- Disproportionate sanctions compared to the severity of the offense.
- Violations of institutional policies or federal regulations.
Appeals are typically reviewed by an appeals committee or a designated panel within the institution, separate from those involved in the initial decision-making process, to ensure impartiality. Ensure you carefully review the institution’s policies and follow the designated process to submit your appeal within the specified timeframe.
Prepare a thorough appeal that includes documentation supporting your grounds, providing detailed explanations, evidence, and legal arguments to demonstrate why the initial decision should be overturned.
Consider seeking assistance from an attorney specializing in Title IX or college disciplinary proceedings to help you in the appeals process. Once you have submitted your appeal, the appeals committee will review it and may uphold the original decision, modify the sanctions, or overturn the decision based on the grounds presented. The decision of the appeals committee is final.
Find a Riverside License Attorney Near Me
Winning a Title IX or disciplinary hearing requires more than just a basic understanding of the rules; it requires a solid defense strategy. At Riverside License Attorney, we believe every student deserves a fair chance to tell their side of the story and protect their future.
If you are facing a Title IX or college disciplinary hearing, we invite you to contact our experienced attorneys in Riverside for professional legal help. We will help you achieve the best possible outcome. Call us at 951-404-0569 for a free consultation.
