Title IX of the Education Amendments prohibits discrimination in any educational program based on sex. This includes sexual discrimination in admissions and athletics, sexual misconduct, and sexual harassment. Schools and colleges must have a Title IX coordinator to handle complaints and conduct investigations under their stated grievance procedures. Campus Title IX proceedings are not criminal investigations, but they can become criminal cases if they involve criminal acts.

Denver academic Title IX penalties may include disciplinary measures such as probation, suspension, or expulsion if a school determines that a policy violation occurred. An experienced Title IX defense attorney could protect your rights throughout the school’s disciplinary process by providing legal advice and helping you prepare your case.

What Are Possible Academic Title IX Penalties?

Title IX violations can apply to both students and staff, and academic penalties can apply to individuals and the institution. For instance, if a student is a victim of sexual harassment on campus, the school can penalize the harasser, but it could face penalties as well if it failed to comply with Title IX requirements. Institutions can lose federal funding if they do not have Title IX coordinators and policies and fail to carry out investigations as mandated by law.

University and college Title IX disciplinary measures or sanctions in Denver are not criminal or civil penalties. The school can only impose punishments on a student or an employee that are appropriately related to the institution. Some penalties can include:

  • Suspension or expulsion
  • Disciplinary or academic probation
  • Termination from employment (for both student jobs and staff)
  • Loss of scholarship or tenure
  • Referral to law enforcement

If the state wishes, it can file criminal charges, but this is usually not done unless the incident occurred off school property or if the victim suffered an injury. The victim can opt to file civil charges against the perpetrator or the school, but that is not part of a Title IX case.

How Could a Criminal Defense Attorney Help?

When students make sexual assault or harassment claims against other students or staff, the school has a responsibility to investigate the matter. The school must protect the complainant, determine what happened, and prevent any recurrence.

Most college sexual assaults involve one person claiming nonconsensual sex and the other claiming it was voluntary, sometimes with alcohol involved. Since colleges often have affirmative consent policies and require consent at each stage of an encounter, sexual assault investigations become increasingly complex when consent means different things to different people.

A criminal defense attorney cannot represent you in an internal school investigation in Denver, but they could explain Title IX disciplinary sanctions, the school’s investigation policy, and prepare you for the questions that they may ask you. Your attorney could also appear with you at any hearings and provide support during a stressful period.

Before your hearing, your attorney could give you guidance on dealing with public opinion. If the case becomes general knowledge, it may be helpful to have an attorney to take phone calls and emails while you try to cope with school or work and continue with your life.

Get Legal Assistance With Campus Title IX Enforcement Actions From a Denver Criminal Defense Attorney

Title IX sexual assault cases are between academic violations and criminal offenses. If you are facing Denver academic Title IX penalties, you should consider representation from a criminal defense attorney, who could help you understand your options and review your case. Petrash Law could stand with you during the hearings and provide the legal guidance you need throughout the process. Call Petrash Law today for a free and confidential case review.

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