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The Title IX Disciplinary Process in Minnesota

Title IX is a federal law that prohibits discrimination on the basis of gender in any federally funded school or activity, specifically as it relates to things like relationship violence, sexual assault, sexual harassment, and stalking. Those who are accused of a Title IX violation at a Minnesota college or university will be required to attend a hearing to discuss the alleged violations.

Below is a brief overview of the disciplinary process.

  1. University officials are directed to refer any students with complaints to report them to the Office of Equal Opportunity and Affirmative Action (EOAA).
  2. The EOAA will conduct an investigation of the report by gathering as much information as possible about the incident and interviewing any witnesses. This investigation generally takes between one and five weeks depending on the availability of witnesses.
  3. After the EOAA has completed their initial investigation, they will contact the accused student for an interview, during which they may do the following:
    1. Ask witnesses to identify the accused student
    2. Collect information such as copies of emails, videos, text messages, medical reports, etc.
    3. Meet with the reporting party a second time, if necessary, to ask additional questions
  4. After the conclusion of the interviews, the EOAA will prepare a report analyzing whether there exists enough evidence to determine if there has been a violation of the law. The report will then be forwarded to the schools Office for Student Conduct and Academic Integrity (OSCAI).
  5. OSCAI will then contact both the accused student and the reporting party informing them of the outcome of the investigation. If either party is dissatisfied with this outcome, they have the right to request that their case be heard before a formal hearing panel consisting of staff, faculty, and students. The parties only have five days to request this hearing, which will convene within 30 days of their request. Both parties have the right to have an attorney present to advocate on their behalf.
  6. At the hearing, a panel of staff, faculty, and students will review the evidence and hear testimony from both parties, and will make a determination on whether they feel the accused student is guilty of accusations.
  7. If the accused student is unsuccessful at the hearing, they may file an appeal.

Don’t Attend Your Hearing without a Minnesota Title IX Attorney

If you or your son or daughter has been accused of a Title IX violation and is facing disciplinary action, you should immediately get in touch with an attorney at Caplan & Tamburino Law Firm, P.A. Time is extremely limited in these cases, so do not delay in getting the help you need to beat your charges. We have successfully defended students at Minnesota colleges including Mankato State University, Gustavus Adolphus, and the University of Minnesota. Our attorneys are familiar with the rules and consent policies at these and other Minnesota schools, and understand how to effectively protect the rights of accused students in these situations.

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