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Stalking Title IX Violations
Experienced Minnesota Title IX Defense Lawyers
Title IX is a federal law that prohibits discrimination, sexual assault, and harassment in colleges and educational institutions that receive public funding. When allegations of a Title IX violation are brought forward to school administrators, the Department of Education’s Office for Civil Rights (OCR), or the Office of Equal Opportunity and Affirmative Action (EOAA), the law also requires school officials appropriately handle allegations, investigations, and disciplinary hearings so as to resolve the matter effectively.
In a social climate now increasingly focused on sexual harassment and misconduct, schools have devoted more attention and resources to handling Title IX complaints involving various Title IX violations, including stalking. If you, your child, or someone you know is facing such an allegation at any school or university in Minnesota, be aware that there are serious penalties at stake – penalties that can threaten you or your child’s future and opportunities. Fortunately, you have the right to an advisor, which can be an attorney.
How Caplan & Tamburino Law Firm, P.A. Can Help
Caplan & Tamburino Law Firm, P.A. is a nationally recognized criminal defense law firm that also maintains an active Title IX defense practice representing students, faculty, and others facing allegations under Title IX throughout the state. Over the years, we’ve become known for our work in these cases, and have been trusted by numerous clients, families, and other legal professionals for our insight and experience. By choosing to work with our team, you can benefit from:
- A team of award-winning lawyers with decades of collective experience
- A proven record of success in Title IX cases at schools and universities across the state
- Step-by-step guidance through the Title IX disciplinary process and during hearings
- Close communication, personal attention, and tailored services and defense strategies
Do not wait to make one of the most important calls you can. Call (612) 444-5020 or contact us online to discuss your Title IX matter during a free and confidential consultation.
Stalking & Title IX
Title IX violations can include a range of discriminatory and harassing conduct. This includes stalking, which is defined as engaging in actions toward a specific person that reasonably cause them to fear for their safety or the safety of others and cause them to suffer significant emotional distress. Because stalking is a difficult “offense” to prove, both in administrative Title IX proceedings and criminal law, there are further clarifications of what can lead to a violation, including:
- In criminal law, stalking could become a more serious charge if it is deemed a “pattern of stalking.” Pattern of stalking includes both violations and attempted violations of specified offenses under the stalking statute.
- The standard for creating fear and distress in a “reasonable” person means that the same or similar conduct would cause a reasonable person in that situation to feel the same.
- Significant emotional distress refers to the mental anguish or emotional suffering an alleged victim experiences as a result of the misconduct, whether treated professionally or not.
In an era where people broadcast their lives and many of their daily actions through social media, stalking has become broader in scope. However, there are elements to establish if any claims – Title IX or otherwise – are to warrant disciplinary action, penalties, or criminal charges. This can include a range of behaviors that must be evaluated by school officials, such as knowing a student’s schedule and showing up at places they go, sending unwanted correspondence on a regular basis, stealing personal items or damaging property, sending gifts, calling repeatedly, or other actions involving contact, harassment, tracking, or fear.
Because our team is experienced in both criminal law and Title IX defense, we have the ability to evaluate allegations of stalking on their merits, and raise important challenges when complaints fail to meet all elements of the law. We also prepare clients for interviews, provide representation during disciplinary hearings, and advocate for their rights every step of the way. Whether your case involves allegations from fellow students, a staff member, or current or former partners in a romantic relationship, the penalties at stake can tarnish your reputation, educational goals, and career. Do not take these proceedings lightly.
Discuss Your Title IX Defense With a Minnesota Attorney
Working with a proven legal team – and doing so as soon as possible – is one of the most important steps you can take when facing Title IX violations. With an attorney by your side, you can have advocates guiding you through every stage of the process, from initial communication to interviews and hearings. We also have the resources to provide criminal defense representation, should allegations also lead to criminal charges.
To discuss your case personally with an attorney from Caplan & Tamburino Law Firm, P.A., contact us today. Consultations are free and confidential.
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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