Title IX, a federal statute passed in 1972, is an important instrument used to prevent violence on college campuses. To comply with this law, all high schools, colleges, and universities receiving federal funding must take measures to prevent gender-based harassment or abuse. Title IX directs the United States Department of Education and the Supreme Court to respond to the needs of sexual harassment or assault survivors on any federally funded school campus.
Should any school fail to address these concerns and not take swift action to rectify the issue, it risks losing its federal funding. Anyone violating Title IX could face civil or criminal prosecution and disciplinary proceedings for students or employees. If you are facing these proceedings, contact the San Bernardino License Attorney today to help you prepare a strong defense.
Understanding College Disciplinary Proceedings
The law defines Title IX violations as physical abuse or sexual assault committed by an employee, student, or member of the public on college or school property. It covers incidents at supervised or school-sponsored events. Every college and institution in California has a code of conduct that all students must follow. Students who break these rules may face disciplinary action. These violations are significant, and their consequences can affect you both during your time in school and after graduation.
If you have been accused of unethical behavior under Title IX, you must appear in a disciplinary hearing. Therefore, you should seek legal guidance from an attorney immediately. He or she can help to protect:
- Your educational prospects.
- Your future career opportunities.
- Your reputation.
They can also help you mount an effective defense against these allegations. These proceedings differ from courtroom hearings, so you will need an experienced attorney's assistance throughout the process.
Even though every college has its own code of conduct, the most significant distinctions lie in how each institution conducts investigations and disciplinary hearings. Some of the most frequent violations that will result in allegations leading to disciplinary action are:
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Hazing
This is a big issue in college. If you are found to have participated in an event that turned harmful, you could face serious disciplinary consequences.
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Sexual assaults and harassment
A sexual misconduct allegation is one of the most serious accusations that may be made against you. These claims may arise from:
- Rape.
- Harassment.
- Stalking.
- Assault.
You may face not only disciplinary sanctions from the school but also legal repercussions outside the school, such as civil or criminal procedures. Title IX pushes colleges to take prompt and decisive action to enforce their code of conduct, and in many instances, the odds are stacked against the accused individuals.
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Drunkenness Among Minors
The use of alcohol by minors is one of the most common offenses on college campuses. Despite its prevalence, it is still treated very seriously. Disciplinary measures for underage drinking often result in a student's removal from on-campus housing. This consequence may affect your academic performance, and prospective employers will likely view the mark on your record unfavorably.
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Cheating
Academic misconduct is taken extremely seriously by the disciplinary board. These include:
- Exam cheating.
- Plagiarism.
- Manipulating school records.
If you are found responsible for any of these misbehaviors, it can leave a negative mark on your academic record and reduce your chances of finding suitable employment after graduation. Other violations that can result in complaints leading to disciplinary action include:
- Theft.
- Bullying.
- Drug use.
- Fighting.
- Cyberbullying.
- Hate crimes.
- Possession of a knife or handgun.
If you violate any of these instructional policies, you will face severe consequences, which may include one or more of the following:
- Suspension.
- Compensation or restitution.
- Expulsion.
- Community service.
- Mandatory counseling.
Your fate will be in the hands of college authorities if you lack competent legal representation. Therefore, you need to seek advice from skilled legal counsel. These authorities have not been trained on how to conduct an inquiry, and they are unfamiliar with credible or relevant evidence.
They may also lack the necessary training to make impartial, just, or objective decisions. Without a proper legal defense prepared to protect you against potential damages, your chances of graduating or pursuing your professional goals may be negatively impacted.
Protections Under Title IX
Title IX guarantees that individuals in educational institutions have the right to be free from retaliation, sexual harassment, and gender discrimination. This act protects all individuals, like transgender people, men, and women, from discrimination based on their gender.
Students who are also parents receive protection under this regulation, specifically section IX. According to this provision, if your school offers mother-daughter activities to both staff and students, it must also provide opportunities for father-son activities.
Individuals who file a complaint of unlawful behavior in accordance with this Act are protected from harassment or discrimination. Examples of adverse impacts that may occur to an alleged victim who files a grievance include:
- Being prevented from participating in sporting activities.
- Being assigned to an undesirable position within a sports team.
- Experiencing harassment in the classroom or on the playing field.
- Being suspended or expelled from the school or a program.
- Receiving lower grades in academic classes.
- Facing any other unfavorable consequence resulting from on-campus activities or lessons.
College Disciplinary Processes
When a college takes disciplinary action, the Student Success Services Department and the vice president typically conduct disciplinary proceedings. Upon receiving an accusation of a college policy or Title IX violation, the allegation is accepted for review if the apparent offense occurred on college property or at a location where the school provides services.
Anyone can file complaints or allegations to the Dean of Student Success Services or Enrollment Services regarding an accused student's violation of stated college policies. The Dean of Student Services will then clarify the alleged wrongdoing in relation to established regulations and determine the specific charges against the accused individual.
Despite most universities and colleges having flexible disciplinary procedure frameworks, they must adhere to federal standards. Title IX mandates fair, prompt, and sufficient processes, ensuring equal opportunity for all parties involved. If an alleged offense violates Title IX, an investigation into the accusations must be completed within sixty days.
During the inquiry, investigators consider evidence obtained from both the accused and the accuser. After reviewing all presented evidence, a final investigative report summarizes the information. This report serves as the basis for assessing whether a crime has been committed.
The authorities are later contacted if a criminal act is determined. The police typically initiate their criminal investigation by contacting the suspect following a report from the complainant. Law enforcement officials listen to and record this conversation. To proceed with the next stage, the police will contact you independently.
After the school finishes filing its report and contacts the authorities, they will issue a sentence in accordance with school policy. The report, including imposed sanctions, will be emailed to both the accused and the accuser. Possible punishments may include:
- A warning.
- Community service.
- Probation.
- Compensation or restitution.
- Counseling services.
- Probation.
- Removal from on-campus housing.
- Expulsion.
If the claims do not fall under Title IX but violate the school's code of conduct, they will be evaluated. The dean will gather detailed information on the charges and other pertinent details. After acquiring this information, the dean will arrange an administrative hearing to discuss the student's rights and obligations, as well as the nature and origin of the allegations.
After this hearing concludes, the dean of services will apply the appropriate punishments. You can appeal these sanctions through either an administrative hearing conducted by the Vice President or a hearing held by the Student-Faculty Judiciary Committee.
To protect your legal rights, you should have an attorney present during these proceedings. Allegations of Title IX violations are extremely serious. Most individuals who appeal school disciplinary processes fail when their cases are reviewed in court. These processes have a very low evidence standard and often give little consideration to the presumption of innocence along with other rights for the accused.
FAQs About Title IX and College Disciplinary Proceedings
The following are some of the commonly asked questions about Title IX and college disciplinary proceedings:
What Should I Do If Accused Under Title IX?
Colleges and universities actively pursue Title IX accusations, and the stakes are high. Many people need to understand how much is at risk for you, both in the short term and long run. If you have been informed that a Title IX suit is being filed against you, it is crucial to follow essential precautions to ensure a positive outcome.
Achieving a satisfactory outcome at the Title IX disciplinary level is the most effective course of action. Do not delay and appeal immediately if you are found responsible for these accusations. Trying to reduce sanctions after they have been imposed could be a mistake.
The legal process is expected to progress quickly. It is wise to seek out a skilled defense attorney for unbiased advice, strategic guidance, and preparation for school interviews and hearings. Your attorney’s obligation will be to ensure all Title IX rules and procedures are followed. They can also provide you with the necessary support you need to navigate this difficult period.
Who is Eligible To File A Title IX Claim Against Me?
Any student at a university or college who believes their Title IX protections have been violated may file a complaint. This claim can be brought against you even if you have already graduated and left the institution. Additionally, anyone can file a lawsuit against a student group, individual student, staff member, or teacher.
While the school processes the Title IX complaint, the complainant has the option to file a civil case. However, if they choose this route, the lawsuit may delay the Title IX complaint investigation.
How Long After An Incident Occurs Can You File A Complaint Under Title IX?
In most cases, a complaint alleging Title IX rights violations must be submitted within 180 days of the most recent instance of harassment, assault, or discrimination. This timeframe may be extended if there is a valid reason for postponing the claim.
When initiating a civil case, it can involve violations of the state's laws. However, this could have different statutes of limitations compared to other states. Filing a lawsuit against a public institution or government agency may also entail additional time constraints. A licensed attorney can provide you with information on the time limits for pursuing these claims.
Can I File An Appeal Against The Title IX Outcome?
An unfavorable Title IX decision can be appealed on three grounds:
- The information provided during the investigation was inaccurate.
- The punishment given is not commensurate with the alleged behavior.
- New evidence has come to light that might support a different decision for your case.
You must submit the appeal within five to ten days after the disciplinary action has been imposed. If the appeal succeeds, the punishment may be altered. If you choose not to appeal, the decision will be final.
The disciplinary proceedings on college and university campuses differ significantly from legal court cases. Some people have referred to these hearings as "unfair tribunals." This is because students are:
- Not given the right to a fair trial.
- Not given the chance to question their accuser.
- Not able to access legal representation.
Those wrongfully charged will face life-altering repercussions due to this flawed procedure. Even with outstanding grades and generally immaculate academic records, they may suffer consequences such as denial of admission to graduate schools in medicine, law, or other fields. Faculty members proven responsible for these allegations will find it extremely difficult to pursue other career opportunities. If you don't receive a court order to rescind the school's punishment, your only option is to accept the imposed sanctions.
Find a College Disciplinary And Title IX Proceedings Defense Attorney Near Me
At the San Bernardino Licensing Attorney, we can assist you in defending against Title IX allegations and guide you through your institution's disciplinary procedure. We acknowledge the severity of your charges and their potential life-altering consequences. Our team is dedicated to advocating for falsely accused students and faculty, working tirelessly to safeguard your future and rights. Call us now at 909-966-4095 to help us fight for your rights.
