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Protecting Yourself Against Title IX

In America, the criminal justice system states all people are innocent of a crime until they are proven guilty beyond a reasonable doubt; however, schools don’t have the same standard. During a Title IX investigation, policy violations are determined by a preponderance of the evidence standard, meaning “more likely than not”.  Additionally, violations of a school’s policy do not have to amount to criminal conduct. Those accused of sexual misconduct are often investigated by individuals with no investigative training or experience. This practice is sponsored by school boards who often stray from their stated policies and procedures. Fortunately, there are some ways to protect yourself during a Title IX investigation.

Recognize Your School Is Not Your Advocate

Student affairs offices are responsible for acting on behalf of a college in matters of student discipline. When an individual accuses someone else of sexual harassment, it is the office’s job to take immediate action based on the allegations.

During the investigative process, discipline boards may place no contact directives, bar a student from extracurricular activities, or even place a student on suspension status. Due to the school’s obligation to investigate under federal law, the lower standard of proof, and many schools’ lax approach toward enforcing the policy and procedures, you should not assume the odds are in your favor.

Hire a Criminal Defense Attorney Immediately

Many students believe they can handle the allegations on their own, but often end up hurting their case because they do not realize the ramifications of their actions. For example, many students try and defend themselves, claiming both parties were drunk, and therefore, he or she should not be held responsible for their actions. However, Title IX policies do not uphold this defense, which means the student may have unknowingly hurt their case.

Knowing the Law Matters!

The best way to protect yourself against a sexual harassment allegation is to hire a Title IX defense lawyer as soon as possible. Caplan & Tamburino will review the specific policies of your school, listen to your story, and lead you in the right direction for your case.

Do not wait; time is of the essence! Call (612) 444-5020 now for a free consultation of your case.


What Our Clients Are Saying

  • “How do I ever thank you enough for your amazingly great strategy that got my case dismissed! ” - J. E.
  • “ Kayla Wengronowitz was my attorney in a claim against me involving Title IX and won my difficult and extensive case. She was a beacon of hope to me when my options seemed very limited. Kayla provided clarity for me to understand everything happening in the case, she made smart and calculated decisions, she made sure I was comfortable with every decision she made, and she responded to difficult situations seemingly with ease. Most importantly, Kayla was empathetic and provided comfort throughout the strenuous process. I am extremely grateful for her service and highly recommend her without reservation.” - Anonymous
  • “I strongly recommended to anybody who needs a criminal lawyer representation ” - M.M.
  • “ I just wanted to thank you so much! I am so pleased with all the hard work you put in. I would have never had the chance to get the outcome I did without you. You did an amazing job and we are feeling very greatful to have made the right call when we chose you.” - P.K.
  • “ Hi Allan, Just wanted to say thanks for the phone call last night and all the support today at court. It's been the most stressful time of my life but your advice, superior knowledge, confidence, and support are very much appreciated.” - D.D.
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