Title IX was originally intended to protect students from sex discrimination in academic and athletic admissions. However, Title IX has been expanded and now also requires schools to investigate and discipline students and faculty over allegations of sexual misconduct and to prevent such incidents from occurring on campus.
Defending against Title IX charges in Denver can be difficult for students facing allegations at local colleges and universities. The charges are not criminal, so you may not think you need legal representation. However, you may face serious penalties, including suspension or expulsion. A Title IX defense attorney at Petrash Law could give you the legal support you need if you are facing allegations and help you prepare for each stage of the process.
Under current Title IX definitions, sex discrimination can include sexual harassment, sexual assault, and discrimination based on gender or pregnancy. The school must investigate if an incident is reported by a complainant and took place on campus, but they may also investigate allegations that take place off-campus if they occur at a school-related facility, happen at school-sanctioned events, or involve students or school personnel.
Schools often use a preponderance of evidence standard, meaning investigators only need to determine that it is more likely than not that the incident occurred and that the alleged perpetrator committed the offense. This can make it difficult for you to prove your innocence against a Title IX charge in Denver.
If someone has made allegations against you on your Denver campus, your first step should be to contact a Title IX defense attorney. You have the right to legal counsel during an investigation. Although the charge is not a criminal offense, you have the right to present a defense. Your attorney could conduct their own independent investigation and collect evidence on your behalf. When facing a Title IX charge, you should consider taking the following steps:
Your attorney could handle intrusive contacts from the media and other attorneys and help maintain some distance between you and public scrutiny. Your attorney could also help you avoid statements or actions that could unintentionally complicate your defense while the investigation is ongoing.
Colleges and universities are under pressure to investigate sexual harassment and assault cases and demonstrate their Title IX compliance because their federal funding depends on it. This may encourage them to err on the side of the alleged victim. Having a Denver attorney by your side who can speak on your behalf and defend you against the Title IX charges could help ensure fairness throughout the process.
If there is a hearing, you may present witnesses and evidence on your behalf. Your attorney can cross-examine any witnesses that the alleged victim presents and challenge any evidence that they provide. This gives you the chance to present your side of the case and avoid a more serious outcome.
Defending against Title IX charges in Denver may require legal assistance from a skilled defense attorney. You are entitled to legal counsel during any investigation or hearing if you choose. Petrash Law stays up-to-date on changes in Title IX investigations and rules, so the firm can give you informed advice on how to defend yourself against allegations. Contact the firm today for a free case evaluation.