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Title IX is a federal law that addresses allegations of sexual harassment and misconduct in educational facilities, among other violations. Colleges and universities in the city and throughout the state are required to follow Title IX regulations and investigate all claims of sexual harassment and discrimination among students, staff, and faculty.
One group exempt from Title IX has been tax-exempt social groups, such as fraternities and sororities. However, individual members of these groups can be subject to Denver fraternity and sorority Title IX investigations, which may result in disciplinary sanctions if found guilty of violations. You can contact a skilled Title IX defense attorney today to learn more.
Sororities and fraternities are exempt from Title IX if it is a social group whose active membership consists of students attending a college or university, and the organization is tax-exempt. If the organization is a professional fraternity, such as Alpha Omega Epsilon for engineering or Phi Alpha Delta for law, it is not exempt from Title IX. A social organization does not have to claim it is exempt for the exemption to apply.
Fraternities and sororities in Denver can face Title IX scrutiny if individual members are investigated for allegations of misconduct. Common incidents involve parties and rush events where non-members attend, and underage drinking occurs. Investigations focus on the organization and whether the chapter encouraged the behavior or failed to foresee the likelihood of violating behaviors.
When a Denver fraternity or sorority chapter is involved in a Title IX investigation, the chapter itself is not being investigated for a violation of discriminatory behavior in membership. The investigation will focus on social host liability or hostile environment specific to the incident.
During the investigation, the individual and the chapter will receive a notice detailing the allegation and the scope of the investigation. College investigators will interview the alleged perpetrator and witnesses at the location. If the chapter or individual being investigated does not have an attorney, they should retain one. Both the alleged perpetrator and the chapter have the right to an attorney to provide guidance and to conduct cross-examinations during any live hearings, including remote hearings.
Fraternity and sorority chapters can face possible suspensions and revocation of the university charter if the investigation finds that they could have done more to prevent the incident or encouraged it, even unintentionally. Having an attorney present during the investigation and hearing can help chapter officers protect themselves and their members from making inadvertent mistakes during the procedure and incriminating themselves.
Title IX rules change regularly and may not be imposed evenly across the country. Petrash Law stays current on the latest changes out of Washington, D.C., and the state capital to give clients the best legal advice possible when they need guidance.
Denver fraternity and sorority Title IX investigations are not criminal investigations, but it can seem like it when you are being asked questions about sexual harassment or assault. Having an attorney at your side may relieve much of the stress and ensure that you do not say anything you should not. Some Title IX investigations can be referred to law enforcement, and having support from a criminal attorney beforehand could reduce much of your anxiety before any charges are filed. When you need legal advice for a Title IX investigation, call Petrash Law for a free and confidential consultation.