According to the Justice Department, Title IX law cases do not go to criminal prosecution 80% of the time. It means the investigation is done at the school level. This means that the burden of proof is far lesser than the criminal prosecution – typically a ‘50% and a feather’ for proving innocence.
Then, why exactly do we need an experienced Title IX attorney for a petty school defense? Let us see the devil in detail.
Title IX – what exactly is it and can it ruin your career?
Title IX, a federal civil rights law, comes under the Education Amendment Act 1972. It covers sex-based discrimination along with the cases of sexual misconduct on the campuses receiving Federal financial assistance in the United States.
The students accused of Title IX violations are usually involved in alleged sexual misconduct on campus. These include instances of sexual harassment, non-consensual sex, and the like.
What works as a boon for the real victims of sexual atrocities on campus can become a bane for students who are falsely accused. The law indeed has pure intentions to safeguard students, but under two scenarios, it exposes major flaws:
- When accused of sexual misconduct, the accused is seen as guilty almost immediately. So, the schools might not give the accused even a chance to explain innocence.
- If some student acts out of revenge and puts title IX allegations on somebody else, the repercussions are just as bad.
So, yes, though the law was drafted with good intentions, legal experts believe that it has its drawbacks.
3 challenges of defense in a Title IX investigation
- The interests of the accused are not given adequate consideration in the investigation. This is accompanied by the huge emotional and social burden of the accusation.
- The advisors provided by the school to help the accused are mostly ill-suited for the job. This raises the stakes for the accused.
- It is the accuser’s interests that are closely aligned with that of the school. Why so? Because compliance with Title IX is tied to federal fund disbursal.
Can an expert Title IX lawyer REALLY Help?
The Title IX cases are a class in themselves. They combine elements of criminal defense and administrative law. Only an expert Title IX attorney can skillfully defend the accused.
Here’s how a lawyer can help:
- An experienced attorney is needed to convince law enforcement that there is no criminal case to be pursued.
- During the investigation, an experienced Title IX attorney can navigate the nitty-gritty through productive interaction with the school parties. This may include campus police, general counsel, student bodies, etc.
The stakes of the accused in a Title IX investigation are high given the short-term and long-term fallouts of the allegations in terms of academic and personal ramifications. Therefore, only an experienced Title IX attorney can defend the rights of the accused and establish due process.
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