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Minneapolis Title IX Advocacy
Powerful Legal Assistance for Title IX Sexual Assault Claims
As an important part of the Education Amendments of 1972, Title IX is the federal law of the land – and it explicitly prohibits sex-based discrimination at educational organizations and programs that receive federal funding. Because of Title IX, many organizations have a clear responsibility to investigate sexual misconduct claims and ensure that students are free from sexual harassment, rape, dating violence, and other forms of sex-based discrimination.
However, not all educational institutions are equipped with the means or experience to properly investigate claims under Title IX, making it difficult to ensure that justice is done. As skilled advocates and civil litigators serving Minneapolis, our attorneys at Caplan & Tamburino Law Firm, P.A. are here to help any individuals and organizations who need assistance with navigating Title IX proceedings.
Understanding Title IX Procedures and Enforcement
Title IX proceedings differ from other legal processes in that they do not take place in civil court or criminal court. Rather, it is the responsibility of the institution itself to open a Title IX proceeding whenever a student reports systemic sex-based discrimination, sexual harassment, stalking, or sexual misconduct, although they may also be required to report the incident to law enforcement as well. Across the United States, more than 16,500 local school districts and 7,000 post-secondary institutions are currently bound by Title IX.
Some of the most common organizations where recipients have Title IX obligations:
- Universities and colleges
- For-profit schools and charter schools
- Athletic clubs
- Recreational sports leagues
- Vocational rehabilitation and education agencies
- Social organizations
- Housing assistance programs
To ensure broad compliance, the U.S. Department of Education and its Office for Civil Rights have offered guidance on how organizations can report, investigate, and respond to claims of sexual misconduct and discrimination. However, it can still be challenging for institutions to implement effective procedures without the assistance of qualified legal counsel.
Under Title IX, institutions and organizations that receive federal funding must:
- Respond promptly to all sexual violence and discrimination claims
- Have a designated Title IX coordinator
- Offer protection for students during Title IX investigations
- Provide access to confidential support services and counseling
- Report any instances of retaliation against alleged victims
- Conduct impartial investigations and allow for an appeals process
- Take action to end a culture of sexual harassment and violence
- Use the civil standard of the “preponderance of the evidence” to resolve complaints
Do I Have the Right to an Attorney in Title IX Claims?
While the rules governing a student’s right to an attorney can vary from state-to-state, alleged victims may be permitted to have legal counsel whenever the alleged perpetrator is also allowed to hire outside counsel for a Title IX defense. Additionally, some organizations may benefit from dedicated legal counsel when pursuing a Title IX investigation or determining how to resolve a given situation. At Caplan & Tamburino Law Firm, P.A., our experienced Minneapolis attorneys can offer expertise to both individuals and organizations during Title IX proceedings. With over 100 years of combined experience in the courtroom, we can serve as effective advocates for your needs.
To explore your legal options, call (612) 444-5020 today. For more information on Title IX, visit our FAQ page.
1. Don’t Talk to the Police!
It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.
It’s important to note that:
- Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
- By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
- Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
2. Ask for a Lawyer!As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Caplan & Tamburino Law Firm is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!
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Attorney Joseph Tamburino is a Board Certified Criminal Law Specialist, achieved by only 3% of Attorneys
We have represented thousands of clients and we have handled hundreds of jury trials
Our attorneys have worked as prosecutors and public defenders throughout the state
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