NJ Title IX Defense Attorneys
The College disciplinary process for sexual misconduct is largely governed by Title IX, a Federal Sexual Discrimination Law. While there are some mandatory requirements that all colleges must follow, the rules are complex and not always uniformly applied.
Since 2011 higher education institutions have aggressively pursued allegations of sexual misconduct on college campuses. However, in a rush to judgment, some students are treated unfairly and denied due process and can see their academic and professional careers ruined and their freedom in danger.
The Attorneys at Rosenberg | Perry & Associates are strong advocates for the rights of students accused of sexual misconduct and violations of the Code of Conduct in a college setting. Our team has successfully defended students at disciplinary hearings and guided families through the traumatic and stressful process of Title IX investigations and sexual assault allegations.
What is Title IX?
Title IX is a civil rights law, passed as part of the Education Amendments of 1972, that prohibits discrimination on the basis of sex by or against students, staff, or faculty in federally funded institutions. Financial assistance is provided by the government to private and public universities which requires them to comply with Title IX regulations to receive this funding.
To remain Title IX compliant, schools must investigate and impose disciplinary action against anyone found to have discriminated against another person on the basis of gender.
Title IX justifies disciplinary action in:
- Intercollegiate sports
- Opportunities in STEM fields
- Bullying
- Sexual Misconduct such as sexual assault or sexual coercion
Title IX also prohibits retaliation against any person who opposes an unlawful educational practice or policy, anyone who has made charges, or anyone that has testified or participated in any complaint under Title IX.
Title IX Investigation Process
Each educational institution can institute different procedures. However, virtually all Colleges and Universities have developed a Code of Conduct that prohibits certain activity governs the procedures. In most instances, the College will conduct an investigation that includes interviewing witnesses and gathering evidence.
Following that investigation, a report will be issued and in some cases, a recommendation will be made by the investigator. A hearing is conducted wherein a panel decides whether the conduct occurred and the Code of Conduct was violated. It is very difficult to appeal a panel’s decision.
The following is intended to provide a general outline of the steps in a Title IX college sexual misconduct case.
Step One: The Complaint
Most cases are initiated by a complaint by a student or third party who claims an incident of sexual misconduct occurred on campus. All Colleges subject to Title IX (which includes almost all colleges in the United States) are required to maintain a Title IX coordinator on staff. Once the complaint is received a formal investigation will be initiated.
Step Two: The Investigation
Following the complaint, all interested parties, including the Complainant (the person making the allegation) and the Respondent (the person being accused) will be notified that an investigation has been initiated. The investigator may be a college employee or an “outside” investigator, often an attorney. The investigator will interview witnesses, including the Complainant and Respondent. The investigator will also review any evidence, such as electronic evidence or video evidence.
Step Three: Initial Report and Response
Following the investigation, an initial report is prepared summarizing the facts gathered during the investigation. Both the Complainant and Respondent are afforded an opportunity to respond to this initial report. This response can include additional facts as well as arguments based upon the evidence uncovered.
Step Four: Final Report
The investigation then concludes with a final report. This final report may simply summarize the evidence produced in the investigation. Often the report will make findings of fact and conclusions regarding the credibility of the evidence. The final report will then be provided to the Title IX Office of the College to determine if further action is warranted.
Step Five: The Hearing
If the college determines that additional action is appropriate, a hearing is scheduled. The hearing is usually conducted by the College and can include a panel of students and staff or a single arbiter. Testimony is heard and students can make arguments on their behalf. A decision is rendered and, if necessary, an appeal can be filed.
There are many pitfalls to avoid in this process. Too often I am contacted by parents immediately before the Title IX hearing and I discover that relevant witnesses were not produced to the investigator or electronic evidence was not provided. Also, if there is a parallel criminal investigation any statements made by a Respondent may be admissible in a criminal court.
Does My Child Need a Title IX Attorney?
Almost all Colleges and Universities afford a student accused of sexual misconduct the right to an “advisor” in disciplinary proceedings. While this advisor does not necessarily need to be an attorney it is important that the accused student use an advocate who is familiar with the process and procedures.
New Department of Education Rules permit the cross-examination of accusers in a hearing and our attorneys have decades of litigation experience. Also, most schools permit an accuser to respond to any allegation with a written submission. Our attorneys can craft a forceful and substantive defense to any allegation.
How Can a Title IX Defense Attorney Help?
It is important to obtain legal representation immediately following an allegation.
First, the College may be conducting an investigation into an allegation that may also be investigated by law enforcement. As a result, any statements made by the student in the educational investigation may also be used in a criminal investigation.
Second, it may be necessary to quickly interview witnesses who have favorable information before they become unavailable or memories fade.
Third, an attorney can assist in the preparation of a defense by aiding the student in drafting any written response to the allegation and crafting arguments in his or her favor. Finally, it is important that a family receive guidance and support from a professional to ensure every step of the proceeding is understood and no opportunities are lost.
Title IX Lawyers You Can Count On
If you or a loved one has been accused of misconduct in a college or university setting the process can be terrifying. Often the policies and procedures are confusing and the school will not help you defend yourself. The consequences can include suspension or expulsion that will follow a student for the rest of their academic career.
Rosenberg | Perry & Associates brings decades of legal experience to aggressively challenge any allegation in a higher education setting. Don’t assume the truth will save you. A student does not have the same constitutional protections as a defendant in a criminal case.
The lawyers at Rosenberg | Perry & Associates are seasoned litigators and include three (3) former prosecutors. Our firm will fight for your child during this stressful time and ensure your child’s rights are protected. Contact us today for a free consultation to speak about the details of your case.