Follow the Links Below to Learn About Title IX Defense
- What Is Title IX?
- What Happens in Title IX Investigations?
- Who Handles Title IX Proceedings?
- What Are the Penalties for a Title IX Violation?
- Affirmative Consent
- How Does the Title IX Process Work?
- Do You Have the Right to an Attorney?
- Proposed Changes to Title IX
By law, the government requires universities and colleges to investigate and address sexual assault, stalking, harassment incidents involving students. If you’ve been accused, you will be required to undergo a disciplinary hearing under Title IX law. Additionally, Title IX mandates that colleges and universities punish students found in violation of campus sexual consent policies.
If you are being accused of sexual misconduct at your university, you should immediately call Caplan & Tamburino Law Firm, P.A. to put an experienced Minneapolis Title IX attorney on your side.
Our firm has successfully defended clients at the following colleges and universities:
- University of Minnesota
- Gustavus Adolphus
- Mankato State University
- University of St. Thomas
- St. Olaf College
- Carleton College
Title IX is a federal civil rights law that prohibits discrimination on the basis of sex in any federally funded educational program or activity. Public (state) schools and private schools that receive any type of federal assistance must comply with Title IX. Any failure to comply will result in loss of federal funds.
Title IX commands schools to investigate and address sexual assault cases involving their students independently of any simultaneous or related criminal charge. Specifically, the law compels colleges and universities to set up their own system of investigating reports of sexual violence, interrogating alleged suspects, interviewing supposed witnesses, collecting purported evidence, and subjecting the accused student to a disciplinary hearing.
Many accused students who do not understand how to exercise their rights in these proceedings unjustly wind up with permanent scars on their record; scars that could have been avoided had they hired a strong attorney to defend them.
The educational institution exclusively handles Title IX proceedings, public or private, where the allegation was made. They are not criminal proceedings, nor are they handled in criminal court.
In most cases, the educational institution will have a policy that permits the school to share its investigation and findings with law enforcement. In some instances, there may be a corresponding investigation by law enforcement and criminal proceedings. However, being charged with a crime is not a requisite for a school to open an investigation.
As required by Title IX, schools must have their own grievance process and provide a prompt and fair resolution of complaints. It is the school’s burden to reach a fair determination as to whether a violation occurred.
Students who are accused of Title IX violations may be facing severe and life-altering penalties such as:
- School probation and suspension
- Expulsion from college or university
- Sex offender registration
These penalties can have a devastating effect on one’s educational and career goals, as well as their personal lives and reputation.
Due to pressure by the federal government, many colleges are imposing rules on their students concerning the type and nature of consent that is required before any sexual activity occurs.
All of the following colleges and universities in Minnesota have some type of sexual consent rules:
- Univ. of St. Thomas
- Concordia University
- Macalester College
- St. Olaf College
- Gustavus Adolphus College
- Carlton College
- Hamline University
- Augsburg College
- St. Catherine College
- St. Scholastica College
- University of Minnesota
- Minnesota State Colleges and Universities
Consent policies and rules vary from school to school and may be difficult to understand. For example, most policies state that consent cannot be obtained if the person is "unable" to consent, but they never clearly define what “unable” means. This is especially problematic when the parties are consuming alcohol.
Can a person who is "buzzed" or "light-headed" consent? What if a person is drunk but does not show any signs of intoxication so no one knows that they are drunk? Ultimately, anyone’s common sense understanding of consent may be quite different than how a college defines consent.
Our Minnesota Title IX defense attorneys at Caplan & Tamburino Law Firm, P.A. understand this and know how to protect the rights of accused students in these situations.
The basic mandate of the Department of Education is that the educational institution investigates all sexual misconduct allegations made against a student, whether the incident occurred on or off campus.
The process of the institution varies from school to school. However, there are parameters that the university or college must implement.
When university or college officials receive a complaint, they must notify the student that a complaint has been made, the parties involved, the specific section of the code of conduct violated, and the precise conduct constituting the potential violation, including the date and time. A formal investigation conducted by the educational institution will follow.
Upon completion of the investigation, the university or college must issue a formal report summarizing both inculpatory and exculpatory information gathered. From this report, a decision maker must make a conclusion as to whether the facts support a finding of responsibility or no responsibility.
If there is a finding of responsibility, there will be a disciplinary sanction. There may be a right to appeal the decision; however, that will vary from institution to institution.
The mandate from the Department of Education currently does not require the institution to allow an attorney to participate. However, you do have a right to have an advocate of your choice present.
Remember: the process can be complex, and it can have significant consequences for your future. Having an advocate on your side who can guide you through proceedings and fight in your defense can make all the difference.
Learn More in a FREE Consultation
If you have questions regarding the Title IX process, our Minnesota Title IX defense lawyers at Caplan & Tamburino Law Firm, P.A. are available to help 24/7. During a FREE and confidential consultation, we can explain the process in depth and discuss your rights and available options. We will also discuss what we can do to help you protect your future.
Recently, 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 and for misconduct said to have occurred on the school’s campus.
DeVos’s proposal will also create a higher legal standard when determining if a school improperly addressed a complaint filed by a student. The changes will end Obama-era guidelines that colleges and critics say trampled the due-process rights of students accused of sexual misconduct.
- What are Title IX Violations and how can a student defense attorney help?
- The Title IX Disciplinary Process in Minnesota
- Changes in Title IX
If you, your son, or your daughter is being accused of sexual assault or another disciplinary matter at college, do not delay in contacting a Minneapolis Title IX lawyer at our firm. Our office can be reached at (612) 444-5020.
Title IX (Sexual Misconduct) Title IX Defense
Our client was notified by Gustavus College that he was being accused of sexual harassment by a student. Upon learning of the charges, Lis and Joe immediately took action in the matter and worked through the investigation. Our client was innocent of the charges and Lis and Joe did everything they could to exonerate him, and their efforts worked. The investigator found in favor of our client and all accusations were dismissed. Our client was extremely happy with the results.
Title IX Case (Alleged Sexual Misconduct) Title IX Defense
Outcome: Joe’s client was accused of sexual misconduct by the university. After countless meetings, many hours of investigation, numerous statements and interviews, and lengthy legal and factual arguments through the hearing process, we won the case. Joe firmly believed that his client was 100% innocent and worked tirelessly to prove that to the university. Joe, his client and his client’s family are all extremely happy with the result.
Formal Title IX Hearing Avoided Title IX Defense
University of St. Thomas v. N.P. Title IX Defense
Client was accused of sexual misconduct on campus. After countless meetings, statements, and interviews, our client was cleared of all allegations.
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