An allegation of Title IX violation can adversely affect your employment, education, or future career. You should partner with a knowledgeable attorney who assists students through this school disciplinary process. At Kern County License Attorney, we understand college disciplinary and Title IX proceedings, making us the most suitable to defend your right to education and future career by preventing the consequences of Title IX allegations like expulsion, suspension, or degree revocation.

Title IX Overview

Title IX of the Education Amendments Act of 1972 forbids gender-based sexual discriminatory acts in federally funded learning institutions like high schools, colleges, and universities. While the Act is short, the Supreme Court and education department have given it a broader scope to encompass physical violence, sexual harassment, or abuse.

The statute's violation is not restricted to students. Workers or members who engage in gender-based discriminatory acts on school campuses that receive financial support from the federal government are also subject to disciplinary proceedings for the violation and possible punishments. All colleges must take disciplinary action against people accused of violence or sexual misconduct. Not investigating the matter and holding accountable those responsible could cause the campus to lose financial support from the federal government.

College Disciplinary Hearings

All students at universities, colleges, or high schools must adhere to campus policies or regulations. A breach of these rules attracts disciplinary proceedings that lead to disciplinary action. The violations that attract these proceedings are severe, and their consequences are life-altering.

When you are suspected of violating Title IX or engaging in any other misconduct, you will receive a notice informing you of a scheduled disciplinary hearing. Your education and future career are at stake when you face accusations of wrongdoing, so you should speak to an experienced Title 9 lawyer from Kern County License Attorney for legal guidance throughout the disciplinary proceeding.

Also, when you are a staff member at a federally funded college and face these accusations, your job and reputation are on the line, so you should immediately talk to an experienced attorney when you learn of the scheduled hearing.

Hiring an attorney with experience handling Title IX violation cases is crucial because these disciplinary proceedings differ from the court's. In the standard courtroom, an experienced judge with knowledge of the law hears the case and issues a verdict as per the guidelines provided by the law.

On the other hand, in college or university disciplinary hearings, the college employees listen to the accusations against a student or staff member and issue a decision. The problem with the hearing is that the hearing committee comprises college staff members with little or no investigative experience or forensic knowledge of proof, elevating the chances of biased or arbitrary rulings that destroy careers, reputations, and livelihoods.

Therefore, you require a legal representative who understands how disciplinary hearings work, the various stages, and how decisions are made to protect your student or employee status in the institution.

Every university has unique rules that guide the conduct of staff and students. The difference between these institutions is how they conduct their investigations and college disciplinary hearings.

Misconducts or violations that attract disciplinary action are:

  • Theft.

  • Bullying.

  • Drugs or controlled substance use.

  • Fighting.

  • Underage drinking.

  • Sexual harassment or abuse.

  • Sexual misconduct, like rape, assault, or stalking.

  • Academic misconduct like exam cheating, plagiarism.

  • Hate crimes.

  • Hazing.

When accused of these violations and found liable in a disciplinary proceeding, you risk severe consequences, including:

  • Academic suspension.

  • Expulsion.

  • Victim restitution.

  • Participation in community labor.

  • Probation.

  • Counseling.

Admonition or warning are other consequences you could face for being liable for breaching college policy.

These disciplinary actions can hurt your studies, reputation, and future career or cause social stigma. Therefore, you must fight the accusations aggressively by hiring an experienced attorney and preventing biased decisions.

Title 9 Protection

Educational institute staff and students enjoy protection from sexual harassment, gender discrimination, and unlawful retaliation under Title IX. The gender discrimination referred to in the statute protects male, female, and transgender persons. The law also protects students who are parents under Section 8. Therefore, if a college provides mother-daughter opportunities to parent staff or students, it must also offer father-son activities.

Again, the statute protects students and staff who wish to file an accusation of misconduct from illegal retaliatory treatment, such as:

  • Suspension or permanent removal from a college or program.

  • Harassment in class or playground.

  • Denial of charges to take part in games or athletics.

  • Grade deduction in academic courses.

Procedures in Campus Disciplinary Proceedings

The college vice president and student success services attend the disciplinary hearing and determine the appropriate action. After a complaint has been filed against you for college policy breach or Title 9 infringement, the relevant parties consider it for a hearing if it happened in the federally funded learning institution, in an event organized by the institution, or where the college offers its services.

When you violate any school rules and someone witnesses or is affected by them, they can report the allegations to enrollment services or the dean of student success services. The dean must clarify the alleged violation with set regulations and corroborate that you violated college policy, enabling them to charge you with specific misconduct.

Colleges have varying disciplinary procedures, but the baseline is that they must adhere to federal rules provided under Title 9. Under the statute, college disciplinary processes must be prompt, sufficient, offer the opposing sides equal opportunities, and be reliable. If the alleged violation is prescribed under Title 9, the relevant parties must investigate and complete their inquiry within 60 days of the suspected violation.

During the disciplinary hearing, the accuser and you, the accused, submit their evidence for evaluation. After you have made your case, the evidence presented is summarized into a final investigative report. The summarized report informs those administering the hearing whether or not a violation happened. If the hearing concludes that you violated Title 9 or engaged in any other misconduct against the college policy, the case will be transferred to local law enforcement for criminal investigations. When your case is transferred to the police, you and the accuser should expect a phone call from the investigating officers, who will ask some questions and guide you on the next steps, usually filing criminal charges.

Just because the school handed over the case to the police does not mean you will not face any disciplinary action. The college will impose sanctions or penalties for your violation as provided in the regulations for your violation. You will then receive an email with the institution’s decision. The campus can impose several sanctions, including a warning, expulsion, victim restitution, probation, warning, counseling, community labor, deferred suspension, or removal from the college housing.

When you engage in misconduct that does not belong to Title 9, the student services dean will review your case and schedule an administrative proceeding after obtaining the requisite evidence. The administrative proceeding must state the nature of your violation, the origin of the allegations, and your duties and rights. After the proceedings, the dean imposes the appropriate punishment or sanctions. When you feel the sanctions imposed are biased or unjust, you can appeal the dean’s decision through another administrative proceeding presided over by the vice president or the student-faculty judiciary committee.

Ensure that you have an experienced attorney from Kern County License Attorney in all these hearings because of the severity of the sanctions you risk if the decision from the hearing is not in your favor. When you contest a college disciplinary hearing, you are likely to obtain a favorable ruling after a court evaluation of the issue. The evidentiary standards in these disciplinary hearings are very low and often fall short of the presumption of innocence until proven otherwise, violating constitutional rights. Therefore, with the help of a skilled license lawyer, you can challenge the allegations against you by the school or the disciplinary action taken against you.

Action to Take After a Title 9 Claim

Any student on your campus can file a Title IX claim against you. You should know that even after you leave or graduate from college, the claim could still be investigated, and disciplinary action could be taken against you. These claims can be against a student, staff, teacher, or student organization. However, for the claim to be valid, it must be reported within twelve months after the alleged violation. If the accuser claims they were also part of the illegality, the college offers them immunity, but the same will not be extended to you, the accused.

The college could lose their federal financial funding if they do not promptly investigate and take disciplinary action against persons accused of Title 9 violation. Therefore, when the dean or any other party is informed of your violation, they act promptly, and the consequences are life changing.

Therefore, when you learn of a claim against you, you should establish the specific regulation or policy of the institution you are alleged to have violated. You should then learn more about the violation by studying the Title 9 handbook, which you can find online or in your colleges. Once you have understood how school policy expects you to behave and the sanctions for misconduct, you should contact a competent license attorney immediately. An attorney will offer legal guidance and represent you in the hearing for a fair outcome.

Reasons You Need an Attorney for Title IX Violation

The consequences of Title 9 contravention and its criminal charges are severe. Recently, there have been many controversies surrounding the statute because of universities' unjust or biased decisions against accused persons. Most accused persons have been found guilty and faced sanctions without fair disciplinary proceedings.

Disciplinary hearings differ from the standard court's, making them complex to understand. The process will be exhausting, particularly if you lack guidance from an experienced Title 9 lawyer. Many colleges appoint an advisor for you. These advisors are said to have experience regarding disciplinary hearings, but because they are school employees, they are likely to be biased, and the information you share with them will not be confidential and could be used against you in the hearing, resulting in a guilty verdict.

Therefore, avoid discussing your case with a college employee, even if they claim to be an advisor. Instead, you should contact the Kern County License Attorney to hire an attorney with experience handling college disciplinary proceedings and Title IX breach matters.

One reason you should consider our attorneys is that they are confidential, unlike advisors. Any information you share with your attorney will be confidential and privileged; there is no chance it will be used against you.

After reading Title 9 provisions, you could feel you understood the statute and the disciplinary process. However, as much as you know the school policy, you need more knowledge about its unfairness. An experienced attorney will find these discrepancies in the college policy and prove its application is unfair or discriminatory to pause the investigations or sanctions.

Lastly, a profound attorney understands Title 9 and your school policy. Therefore, when you contact them immediately after learning of the claim, they will protect your rights during investigations and disciplinary proceedings. Typically, after you are suspected of a violation, the Title 9 coordinator at the college will want an interview with you. They will try to sound friendly and want to help you, but they are all looking for self-incriminating information. If you are still determining the action after a claim, talk to an experienced Title IX lawyer to help you understand the proceedings and represent you during interviews and disciplinary proceedings for a fair verdict.

Appealing Title 9 Verdict

If you are unhappy with the verdict of the proceedings, you have the following grounds for appealing the decision:

  • The evidence submitted by the investigator is incorrect or false.

  • The sanctions imposed are unproportionate to the alleged misconduct.

  • You have discovered new evidence that will change the verdict of the hearing.

You appeal the verdict five to ten days after the issuance of sanctions. If the appeal is successful, the sanctions could be adjusted. However, when the appeal fails, the decision in the hearing will be final.

Find a Competent Professional License Defense Attorney Near Me

Kern County License Attorney understands Title 9 and college disciplinary hearings, making us the best choice to represent you in your claim. Contact us today at 805-702-8560 to explain the nature of your accusations and possible sanctions. We will aggressively advocate for your rights, future career, job, or reputation.