Facing a Title IX Violation? Protect your rights during a disciplinary hearing with our experienced lawyers at Caplan & Tamburino Law Firm, P.A.

Minnesota Title IX Defense Attorney

Follow the Links Below to Learn About Title IX Defense

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

What is Title IX?

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.

What Happens in Title IX Investigations?

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.

What Are the Penalties for a Title IX Violation?

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.

Ambiguous Affirmative Consent Policies

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 
    (all campuses)
  • Minnesota State Colleges and Universities 
    (all campuses)

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 attorneys understand this and know how to protect the rights of accused students in these situations.

Education Secretary Proposes Changes to Title IX

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.

Additional Reading:

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.

  • 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.

Making a Difference for OUR CLIENTS

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  • This settlement has completely changed my life.

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Why Choose Caplan & Tamburino Law Firm, P.A.?

  • We’ll start your case with a FREE, no-obligation consultation
  • 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
  • Our team is available 24/7 – when our clients need us, we’re there for them

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