What is Title IX?
Title IX is a federal civil rights law enacted in 1972 that people commonly associate with the obligation of educational institutions to provide equity in sporting activities on the basis of sex. While that is one aspect of the law, Title IX additionally applies to the actions of private individuals attending U.S. colleges and universities, creating a huge amount of legal and reputational risks for accused students and faculty, accused of misconduct facing investigations or disciplinary proceedings.
Thanks to the Trump administration’s new policies in August of 2020 around Title IX defense, the accused are now fully entitled to due process, colleges and universities are required to conduct disciplinary proceedings when certain allegations are made, such as those relating to sexual harassment, sexual assault, domestic violence, academic misconduct, and other code of conduct violations.
Unlike typical criminal investigations however, the accused in Title IX proceedings may not automatically be provided the same due process and other civil rights protections that are required in criminal investigations. For example, a student or faculty member may not be provided with a defense attorney or even told they are allowed seek out legal counsel to defend them in a Title IX investigation or disciplinary hearing. Sometimes the college or university will nudge the student to use a Title IX advisor from the school itself!
At the same time, universities and other academic institutions often face great internal and external pressure to quickly assign blame and impose harsh disciplinary measures against alleged offenders even where conflicting or seemingly insufficient evidence of wrongdoing exists.
The great news is you have rights and due process, and a chance to strategically present your side of the story! If you or your child is being investigated regarding a Title IX or campus misconduct violation, now is the most crucial time to get a defense lawyer on your side.
Title IX Investigation Process & Timeline
What are my Rights as the accused party under Title IX?
How Do Title IX Hearings Work?