Students subject to sexual harassment or misconduct in California colleges or universities might be subject to the intricate Title IX proceedings. Title IX-related cases can have life-changing consequences, impacting a student's professional and educational future. Thus, they require an insightful comprehension of the laws and a diligent approach to evidence collection. Most importantly, they necessitate the steady support of a skilled lawyer. Call the Santa Cruz License Attorney now if you face accusations of sexual misconduct or another form of violation under Title IX. 

Title IX Overview and Its Protections

Title IX refers to a federal statute passed in 1972. This law forbids discrimination based on gender in educational institutions receiving federal funding. Initially, Title IX focused on addressing unfairness in women's sports activities. However, its scope has expanded and now covers several issues. These issues include the probing and resolution of allegations of sexual misconduct on:

  • High schools
  • University and college campuses and
  • Other educational institutions receiving public funding

According to Title IX rules and regulations, several conducts can be deemed violations, including:

  • Sex-based harassment: It is harassment contingent on a person's gender expression, gender identity, gender, or non-conformity with gender stereotypes.
  • Stalking: engaging in behavior aimed at a particular individual that would make a reasonable party fear for their safety or that of others.
  • Dating violence: Violence perpetrated by an individual who has been or is in an intimate or romantic relationship with the involved victim.
  • Sexual assault: Nonconsensual sexual actions, like sexual battery, fondling, and rape.
  • Sexual harassment: Requests for sexual favors, unwanted sexual advances, and other visual, physical, or verbal sexual conduct.

Sexual Harassment Under Title IX

Title IX protects against two types of sexual harassment. One type is quid pro quo sexual harassment, which occurs when a party conditions an educational privilege or right to accept unwanted sexual advances. A student cannot generally withdraw or offer educational privileges to other students. That may only happen if the student is a resident assistant, teaching assistant, or has a similar level of authority. That said, quid pro quo sexual harassment is not a common type of harassment schools generally accuse students of.

The other type of sexual harassment is a hostile environment. A student suffers the hostile environment form of harassment when another student's sexual conduct is so pervasive or severe that any sensible student would deem the conditions as so unbearable as to deny the affected student an educational privilege or right.

Note that under a hostile environment, the accused need not perpetrate any form of sexual assault. Sufficiently pervasive or severe unwanted sexual jokes, advances, and innuendo may create a hostile environment. Put otherwise, your unwanted sexual communications, regardless of the form, may trigger disciplinary proceedings under Title IX.

Title IX's Application In California State

Title IX is an instrumental tool in protecting the rights of staff, students, and faculty. It ensures they are allowed equal opportunities. The law also ensures these parties receive equal protection from sexual assault, harassment, and other types of sex discrimination.

However, remember that students could also be wrongfully accused under Title IX. Then, they may face severe repercussions that could impact their educational pursuits. If someone has accused you of sexual harassment or sexual assault, you need an expert attorney fighting to defend your rights.

California's Sex Equity in Education Act

In California State, Title IX's scope extends beyond federal guidelines. California lawmakers have enacted more laws to strengthen student protection. In 2020, the legislators passed the Sex Equity in Education Act, further bolstering the state's devotion to promoting safe and inclusive learning environments. This law did the following:

  • It broadened the sexual harassment definition
  • Gave students more detailed civil rights protections than the Title IX framework provides
  • Introduced additional training and reporting requirements for all educational institutions

The Title IX Proceedings

When accused of misconduct under Title IX, your educational institution owes you due process. The institution must follow the Title IX procedure to provide you with guaranteed procedural rights. The procedure entails: 

Complaint Filing

Educational institutions have a complaint channel for victims to report supposed Title IX misconduct. Consult a lawyer if you learn someone has reported you for committing a violation under Title IX. The lawyer may talk to the accused, assisting you in responding to the accusations before they become an official complaint. Or they may assist you in responding to the official complaint itself.

Officials relieving Title IX complaints have the legal duty to establish if the allegations are credible. They might involve the institution's authority in particular matters and pursue dispute resolution avenues. Your lawyer may successfully have the Title IX proceedings terminated at the complaints stage. This will help you keep your personal reputation and school record clear of the charges per Title IX.

Investigations

Educational institutions must investigate after a victim complains of a Title IX violation. Generally, institutions appoint investigating officials and authorize them to interrogate and interview you. The investigating officials will also interview the victim and other eyewitnesses while collecting and reviewing various materials. These materials include:

  • Videos
  • Photographs
  • Printed materials
  • Electronic communications and
  • Other pieces of evidence

Generally, the investigators prepare a report, which they might send you to correct or comment on. Your attorney can appear for you during investigations. They will ensure:

  • Investigators conduct fair interviews of you
  • Investigators receive and consider your evidence
  • The investigative report is correct, or it at least mentions your mitigating evidence.

The lawyer may also help you end the Title IX proceeding at this stage before the case goes further.

Title IX Hearing

Educational institutions must hold a hearing if the accused party wishes to contest the allegations against them. Generally, an independent and trained hearing panel or office schedules a place, time, and date for the hearing. Witnesses (including the victim and you) must then appear and testify regarding the supposed and disputed matter.

Your lawyer can attend this hearing for you. They will cross-examine the victim and witnesses and present mitigating evidence for you. However, you must invoke a hearing procedure. Failure to respond to the complaint promptly and demand the hearing may lead to you forfeiting your rights. If that happens, disciplinary officials may make a default determination that you perpetrated the violation in question.

Appealing

You have the right to appeal if the findings of the hearing are adverse. An appeal entails taking the case to a higher panel or official within the institution. You may have another chance even after losing at the hearing.

An appeal generally requires you to draft and submit a comprehensive, written argument. The argument must show the hearing panel's or official's mistakes and the steps the appeal panel or official must take to rectify the error. Generally, you must present your appeal on time, preferably within some days after the hearing. Your lawyer can help you prepare a convincing appeal. This move can increase your chances of reversing the adverse findings at the hearing.

Title IX proceedings are generally deemed confidential. The case details and identities of the involved parties are typically safeguarded from the general public. However, note that in given circumstances, the institution might be required to report the results to the relevant authorities or include them on the accused's academic record. These circumstances include when a student faces suspension or expulsion.

Responding to a Title IX Complaint

Navigating Title IX complaints necessitates a strategic and methodical approach. That way, you will safeguard your legal rights, and your case outcome will be favorable. The following are steps for responding to allegations under Title IX.

Step One: Receiving a Complaint

If someone has accused you of a violation under Title IX, it is essential to take action immediately. After you receive a complaint, carefully review it and comprehend the specific accusations you face. This first step will aid you in formulating a compelling defense.

Step Two: Seeking Legal Help

Hiring a criminal defense attorney experienced in Title IX proceedings is crucial. An attorney can provide key guidance about:

  • Your legal rights
  • The intricacies of the adjudication and investigative processes
  • The ideal action to take to safeguard your best interests

Step Three: Gathering documentation and evidence

Rigorous evidence collection will help you build a strong defense. Work with your lawyer to assemble relevant witness statements, documents, and evidence supporting your story. Examples are your alibi, character references, and communication records.

Step Four: Participating in Motions and Hearings

During a Title IX hearing, you can argue your case. You will also have the chance to challenge the allegations and cross-examine any witnesses. Stay focused, truthful, and composed when addressing the claims you face.

Step Five: Developing a Solid Defense Against Your Accusations

With guidance from your lawyer, mount a compelling defense that:

  • Emphasizes the importance of defending your legal rights and advocating for fair treatment.
  • Capitalizes on the evidence you have collected
  • Mentions the weaknesses or inconsistencies in the victim's case

Possible Consequences for Title IX Violations

The repercussions for violating Title IX can be harsh. They include facing disciplinary sanctions, like expulsion or suspension. You can even be subject to the likelihood of criminal prosecution and civil lawsuits. If you are subject to expulsion or suspension, you will lose various privileges you relied on. These include transportation, health insurance, school housing, and others.

Some of the criminal charges you can face as a result of a Title IX violation include rape and stalking. A finding of liability can also put your professional and academic aspirations at risk in certain situations. For example, you might lose:

  • School awards and honors,
  • The support from school mentors and advisors, and
  • Scholarships and grants depended on your good reputation and standing.

Professors and deans may refuse to give you compelling recommendation letters. They may also deny you positive references, leaving you without a career or job. After graduating, obtaining the certification or professional license you sought might be challenging. This will prevent you from practicing in the field for which you studied.

Apart from the immediate risk of disciplinary or academic consequences, Title IX allegations can also result in reputational damage and emotional distress. So, in a nutshell, everything is at stake when facing disciplinary proceedings under Title IX.

Defending Against Title IX Charges

You have the legal right to defend yourself at the Title IX hearing. One of the defenses you can use is questioning how credible the charges are. Disciplinary officials may have pressed charges, but that does not mean they have irrefutable evidence. They could be depending on exaggerated reports or false arguments lacking credibility.

However, even when the accusations are credible, you can defend against them. Generally, the burden of providing the charges lies with disciplinary officials. They have to prove by the preponderance of the evidence that you are guilty.

Your lawyer may successfully argue your contrary testimony, contradicting the officials’ evidence. Title IX accusations often exhibit figurative or literal she-said, he-said disputes over the interpretations of actions and words. An experienced lawyer can assist you in winning this form of dispute. Thanks to their refined advocacy skills, they can ensure you beat the charges you face.

Disproving the school's evidence against you might not be the only defense strategy. The alleged victim may have agreed to your action. Consensual touching, communications, and other intimacies are not deemed violations under Title IX. The victim might have participated in and welcomed the supposed misconduct. In that case, the officials should generally drop the charges.

Alternatively, the supposed misconduct might not have happened around school programs, on school premises, or within other jurisdictions of the institution's Title IX.

Your lawyer can assert other defense strategies beyond proving consent, contesting evidence credibility, and questioning jurisdiction. For example, they can argue a conflict of interest or bias on the part of the

  • The disciplinary officials
  • Investigators or
  • Hearing officer.

Find a Professional License Defense Attorney Near Me

Your ideal move is to hire an experienced attorney if you are subject to Title IX disciplinary proceedings as a student. At Santa Cruz License Attorney, we will be glad to help you. We have skilled college disciplinary defense lawyers experienced in student misconduct cases. This includes Title IX violations. Our lawyers are on standby to prepare your defense and ensure the best possible outcome. Call 831-732-4390 today for the legal representation you require. Remember, your education, future, and reputation are on the line.