Based on the Justice Department, Title IX law cases are not subject to criminal prosecution 80percent of the times. The investigation is carried out in the context of school. This means there is a lower burden to prove lower than that of a criminal prosecution usually you will receive a “50%” or a feather’ evidence of innocence.
What is the reason we require an experienced Title IX attorney to defend a school’s petty claims? Let’s examine the devil’s face in the details.
Title IX – what exactly is it ? And could it endanger the career of someone you love?
Title IX, a federal civil rights law that is within the Education Amendment Act 1972. It deals with discrimination based on sex as well as the instances of sexual harassment on campuses that receive Federal financial aid within the United States.
Students who are who are accused of Title IX violations are usually implicated in sexual assault allegations on campus. This includes instances that involve sexual assault, unconsensual sexual sex and similar.
What is a blessing to the victims of sexual abuse on campus can turn into the bane of students who are misinformed about their crimes. The law has good motives to protect students, but in two situations it exposes serious weaknesses:
- When a sexual assault case is brought up the person accused of sexual misconduct is judged as guilty nearly immediately. Thus, schools may not even give the person accused an opportunity to defend their the innocence.
- If a student is motivated by the desire of revenge and lays title IX allegations on somebody other person, the consequences are exactly the same.
Even while the law was created with great intentions, experts in law consider that it has negatives.
3 defense challenges in an Title IX investigation
- The needs of the accused aren’t taken into account when investigating. This is compounded by the immense emotional and social weight of the accusations.
- The counsellors offered by the school to assist the accused are often not suited to the task. This increases the risk for the person being accused.
- The interests of the accused that closely align with those of the institution. Why is this? Since compliance with Title IX is tied to the disbursement of federal funds.
Does an experienced Title IX lawyer really help?
The Title IX cases are a category in and of themselves. They are a combination of aspects of defense in criminal cases with administrative law. Only an experienced Title IX attorney can skillfully defend an person being accused.
Here’s the ways a lawyer can aid:
- An experienced lawyer is needed for convincing law enforcement authorities that there isn’t a criminal case to pursue.
- In the course of an investigation a knowledgeable Title IX attorney can navigate the details of the investigation through effective interaction with school officials. This can include police on campus general counsel and student bodies, among others.
The stakes for the defendant in an Title IX investigation are high considering the potential long-term and short-term consequences of the allegations terms of personal and academic consequences. Thus, only an experienced Title IX attorney can defend the rights of the accused as well as establish an appropriate procedure.