Title IX aims to create gender equality in academic environments and protect individuals from sexual harassment and assault. However, Respondents have certain rights during a West Palm Beach Title IX investigation, which can give grounds for an appeal when not provided.
In a Title IX investigation, people have the right to an Advisor of their choosing. While this individual does not have to be an Attorney, Respondents need professional representation. The potential consequences of an investigation and subsequent disciplinary hearing are too severe to proceed without legal counsel.
Call Leifert & Leifert today to schedule a free consultation and learn how our hardworking Title IX Attorneys can protect your rights.
The Scope of Title IX
Title IX applies to any school that receives federal funds, including public elementary schools and universities. Private schools that receive Federal funds must also comply with Title IX.
This law focuses on sex-based discrimination, including sexual misconduct. Schools have a duty to stop any form of sexual discrimination that they should be aware of, whether or not a complaint is filed. This responsibility is independent of any criminal investigation, and the existence of one does not relieve the school of its duty.
Schools must create and publish a notice that they do not permit sex-based discrimination. Respondents have the right to this notice, and if one is not available, they may be able to claim that they were unaware a particular behavior was prohibited. Schools must also designate a Title IX Coordinator to oversee sexual misconduct complaints. Our legal team at Leifert & Leifert can provide more information regarding Title IX and your liberties during an investigation in West Palm Beach.
Respondent’s Rights in Title IX Investigations
Complainants have several rights in Title IX investigations. Depending on the outcome of the initial steps, a Respondent may not even be aware of a potential complaint. The school can use the same disciplinary procedures they use for other complaints to handle sexual misconduct or sex discrimination as long as the process provides an equitable and speedy resolution.
Choice of Advisor
A Respondent’s most important right is to choose an Advisor. The Advisor can be any trusted adult, but an Attorney is recommended. The Advisor has the right to be with the Respondent through the entire Title IX process, making this representation critical for grievances and related criminal charges.
Prompt Notification
The Respondent has the right to prompt notification of Title IX violations. However, the Complainant making the report does not trigger this right. Instead, the school investigates whether the reported behavior, if true, violates their sexual discrimination policies. If not, they inform the Complainant of that fact, and the Respondent may never learn of those complaints. If the school determines the complaint meets its requirements, the Respondent must be notified immediately.
Notion of Innocence
Title IX investigations should incorporate the notion of innocence until proven guilty. Officials and investigators should treat Respondents with dignity and respect and conduct an impartial and equitable investigation. This should be as confidential as possible, and the school must give the Respondent reasonable notice before releasing any information publicly.
The Respondent can also present evidence and witnesses during the investigation in their defense, including the following:
- Photos
- Videos
- Text messages
- Emails
- Social media posts
Additionally, the Respondent may have the right to have their Advisor question and cross-examine any witnesses in a hearing. If not, the Advisor will tell you what questions to ask.
Once the investigator completes the investigation, the Respondent can review the report and correct any inaccuracies or errors. As our legal professionals at Leifert & Leifert can further explain, the final right in a West Palm Beach Title IX investigation is the right to appeal.
Consult a West Palm Becah Attorney About Your Rights During a Title IX Investigation
Being the subject of a disciplinary proceeding can be overwhelming. Allegations of a Title IX violation can have severe consequences on your life. A poor outcome can result in expulsion, inability to graduate, damage to your reputation, and a negative impact on employment opportunities.
It is imperative to partner with a dedicated criminal defense Attorney to act as your Advisor throughout this process. Contact Leifert & Leifert to learn more about your rights during a West Palm Beach Title IX investigation.
