When the student is accused of violating Title IX, they should seek help from an experienced Title IX Lawyer in New York, NY. This type of attorney can give advice on the best course of action is and also fight for the rights of the accused to determine what evidence is being used to prove the allegations.
Students are entitled to fair and impartial investigations. However, some schools will evade the required procedures in their disciplinary procedures, or even skip steps altogether. They might also fail to provide an appeals procedure for the person being accused. This could result in the school being legally accountable for sexual harassment.
The report of the alleged misdeed to an Title IX officer is the first step in a Title IX Investigation. This officer will report the complaint to the Dean, and the student’s actions will be evaluated. If the student’s actions are found violate Title IX then the school will take appropriate action, including disciplinary actions. In certain instances schools, they may have a sanction board or student panel to handle disciplinary actions as well as a Title IX lawyer can represent the student at the hearing.
If the investigation is not conducted properly, the student can file a complaint to the US Department of Education’s Office for Civil Rights. OCR is located in Washington, D.C., and has regional offices throughout the country.
If the school is found to be in violation of Title IX it could face a variety of penalties, including the possibility of losing federal funding. In addition to financial compensation, the student could be entitled to emotional distress damages as well as attorney’s fees. The Title IX law also protects schools and employees from discrimination based on of gender.
While the law is largely school-based however, schools are required by Title IX to conduct an investigation into possible violations. A preliminary investigation that is informal, a formal investigation by an Title IX officer or an administrative hearing might be part of the investigation.
If the investigation does not turn up any evidence of misconduct, the school can dismiss the matter and not pursue disciplinary action. The complaint may permit appeal. This may allow the student to challenge the school’s decision as well as prove its validity.
If a school has been found to be in violation of Title IX, a Title IX Lawyer Iowa can represent the student in a federal lawsuit. This is a long process and could be longer than a typical lawsuit. The student may be able to seek financial damages as well as court injunctions to prevent further violations.
In a Title IX case, the most frequently cited complaint is that the person accused was not given consent. The accused might claim that they were drunk to consent, or that they did not consent to every aspect of the sexual encounter.