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As a criminal defense attorney and former prosecutor with nearly a decade of experience, I offer powerful legal representation to college students in Denver and the surrounding areas who have been accused of Title IX violations. Title IX is a federal law that prohibits gender discrimination in education, including sexual harassment and assault. While this law has been instrumental in protecting the rights of students, it has also been the subject of controversy and legal challenges.
Accused of a Title IX violation? Call (303) 562-1131 or contact my firm online to speak with a Denver Title IX defense lawyer near you.
Title IX prohibits gender discrimination in educational programs or activities that receive federal funding. It was enacted in 1972 as part of the Education Amendments Act and has since been expanded to include protection against sexual harassment and assault. Title IX violations can take many forms, including:
Under Title IX, colleges and universities are required to respond promptly and effectively to reports of sexual misconduct and to take steps to prevent it from occurring—or they could lose their funding. If you have been accused of one of these Title IX violations, contact a Denver attorney right away to start building a defense.
Although a Title IX investigation is not a criminal prosecution, you have the right to hire a Denver lawyer to serve as your advocate. Your attorney can explain your rights, prepare you for interviews, and ensure you avoid any missteps that might make your situation harder than it already is.
The level of attorney participation in your case depends on your college’s or university’s policies. Some institutions allow attorneys to attend interviews or hearings and advise their clients throughout the proceeding, while others limit direct participation. Even when a lawyer cannot speak during a hearing, you have the right to hire them for their counsel and support.
A Title IX case follows a different process than a criminal case, but the consequences can be just as serious for some students. A finding of responsibility can lead to many penalties, including:
Because every school has its own policies, the exact process may vary, but most investigations follow a similar pattern.
The process usually begins when someone files a complaint with the school’s Title IX office or coordinator. The school reviews the allegations and decides whether the complaint falls within its Title IX procedures. If it does, the school sends a written notice to the accused student describing the allegations and explaining the next steps in the investigation.
During the investigation, the assigned investigator gathers evidence from both parties. The investigator then prepares a report that summarizes the evidence before the school determines whether a policy violation occurred. Some schools also conduct a live hearing before issuing a final decision, but whether these hearings are required or not varies.
If the school finds that a violation occurred, it may impose a variety of sanctions. Many schools also provide an appeal process that allows either party to challenge the outcome under specific circumstances, such as procedural errors or newly discovered evidence.
It is important to remember that while these are not criminal proceedings, anything said during them could be used in a pending criminal case. This lends to the need to build the strongest possible defense in the Title IX hearing with the help of a Denver lawyer, or to forego the chance to speak so that prosecutors cannot use your words against you.
What Are My Defense Options?
Every Title IX case depends on its own facts, and our Denver attorney can help you determine the appropriate defense for the allegations against you. To build a solid defense, what our lawyer can help with includes:
Some common options for defenses for Title IX violations include the following.
Some cases depend almost entirely on conflicting statements. When these cases boil down to two competing versions of the same story, your attorney may be able to identify inconsistencies compared to prior statements that call the accuracy of your accuser’s statements into question.
A thorough investigation often uncovers evidence that the college or university’s investigator overlooked or failed to obtain. This could come in the form of email communication, security camera footage, or anything else that gives a clear picture of what really happened.
Schools must follow their own Title IX policies and provide a fundamentally fair process. If investigators ignore important evidence or fail to respect a student’s rights, it could be enough to have these proceedings dismissed.
Being accused of a Title IX violation can have serious consequences, including suspension or expulsion from college and damage to one’s reputation. That is why it is important to hire an experienced criminal defense attorney to protect your rights and interests. Petrash Law offers free consultations to students accused of Title IX violations and can provide legal representation throughout the investigation and disciplinary process.
With Mike Petrash’s experience and expertise, he can work toward the best possible outcome in your case. When you need a Title IX defense, turn to Petrash Law. Schedule your free consultation with our Denver Title IX defense lawyer today.
Being accused of a Title IX violation can have serious consequences, including suspension or expulsion from college and damage to one’s reputation.
Title IX protects students, faculty, and staff members of educational institutions, including K-12 schools, colleges, and universities, as well as employees and applicants for employment in educational settings.
Sexual harassment under Title IX includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that interferes with an individual’s educational experience or creates a hostile environment.
Educational institutions must take steps to prevent and address gender discrimination and sexual harassment, including conducting investigations into complaints, providing supportive measures for survivors, and implementing policies and procedures to ensure compliance with Title IX.
A Title IX coordinator is a designated individual responsible for overseeing an educational institution’s compliance with Title IX regulations, including handling complaints of sexual harassment and gender discrimination, conducting investigations, and providing resources and support to individuals affected by Title IX violations.
Educational institutions found to be in violation of Title IX may face penalties, including loss of federal funding, civil lawsuits, and corrective action requirements imposed by the OCR.
Title IX does not apply to certain religious educational institutions that are controlled by religious organizations and have specific exemptions from certain provisions of the law based on religious beliefs.