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A Title IX investigation can place your education, reputation, and future career at risk. Even though these proceedings take place on campus instead of in a criminal courtroom, the outcome can carry serious consequences that might follow you for the rest of your life.
If you have been accused of violating your school’s Title IX policy, you should take the complaint seriously from the beginning. This starts with having a clear picture of the process of a Denver Title IX investigation. With the support of a compassionate Title IX defense attorney, you may be able to beat these allegations and safeguard your future.
The process of a Denver Title IX case usually begins when someone reports alleged misconduct to the school’s Title IX office. First, the school has to determine whether the allegations fall within its Title IX procedures or not. If they do, the accused student receives written notice explaining the allegations, identifying the policies at issue, and outlining the investigation process.
Current Title IX regulations generally require schools to treat respondents as not responsible for the alleged misconduct until the disciplinary process reaches a final determination. In other words, the school should not assume that an accusation is true simply because someone filed a complaint.
That does not mean the investigation lacks consequences while it is pending. A school may implement supportive measures designed to protect the parties involved, such as changes to housing, class schedules, or no-contact directives. This is possible long before a final decision is made regarding the allegations against a student.
Once the complaint moves forward, the school assigns an investigator or investigative team to gather evidence. The investigation should seek information from both parties rather than focusing only on evidence that supports the complaint. Investigators commonly interview the complainant, the respondent, and any potential witnesses. They may also review other communications in the form of text messages or emails to get an idea of what really happened.
Both parties generally have an opportunity to review the evidence collected during the investigation before the school reaches a final decision. This stage gives the respondent an opportunity to identify inaccuracies, submit additional evidence, and address information that may have been taken out of context. In some cases, it is at this phase of the Denver Title IX investigation process where the case is dismissed.
Many colleges and universities conduct a live hearing before deciding whether a Title IX violation occurred, although hearing procedures differ from one institution to another. These proceedings are administrative hearings rather than criminal trials, but they often involve witness testimony and questioning by advisors.
In Denver, the decision-maker reviews the evidence presented during the investigation and hearing before determining whether the respondent violated the school’s Title IX policy. The school applies the standard of proof required under its procedures, not the criminal standard of proof beyond a reasonable doubt.
Many schools provide a limited opportunity to appeal a Title IX decision, but an appeal is not always guaranteed. Whether an appeal is available depends on the institution’s Title IX policies and the circumstances of the Denver case and investigation process.
When a school allows one party to appeal, it generally must provide the same opportunity to the other party. An appeal does not create a second opportunity to argue every aspect of the case, but it does provide the parties with limited grounds to overturn a decision if there were issues during the initial hearing.
If you have been accused of misconduct at your college or university, it is vital that you understand the process of a Denver Title IX investigation. Do not navigate a stressful time alone when you could have skilled legal guidance on your side throughout the process. Reach out to Petrash Law as soon as possible to schedule your confidential consultation and get started building your defense.