Title IX requires universities to address and investigate sexual assault, stalking, and harassment allegations involving their students. Learn what this may mean for your rights as a student.
#1. Affirmative Consent is Needed
One of the key components of Title IX is that affirmative consent must be given before any sexual activity occurs. However, consent rules differ from school to school and can be difficult to understand and follow properly. For example, most policies state that consent cannot be obtained from a person “unable” to content. But, these policies never clearly state what “unable” means. This can be particularly complicated in university environments where alcohol is consumed frequently.
#2. Students May Face Unjust Consequences
False allegations have ruined lives. This is particularly true in Title IX cases because, most of the time, the accused individual is a student who does not understand how to defend their rights properly. Many students go through the process without seasoned legal representation and can face serious consequences as a result, including suspension, expulsion, and more.
#3. Title IX May Change
It’s important to keep in mind that, as with many laws, Title IX can change. In fact, Education Secretary Betsy DeVos proposed new changes to Title IX that will bolster the rights of students who have been accused of assault, harassment, or rape on college campuses. The new changes will narrow the definition of sexual harassment and will only hold schools accountable for formal complaints that have been filed with the proper authorities.
If you’re facing a charge under Title IX, you must act fast. Contacting one of our experienced defense attorneys is the first step to protecting your future. Our team has served the greater Minnesota area for decades, and we’re who you want in your corner in this situation.
Contact Caplan & Tamburino Law Firm, P.A. at (612) 444-5020 to schedule a free case review.