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A Title IX investigation can be daunting for a student given the consequences that come with it. These proceedings take place through a college or university rather than a criminal court, but the accused still retains certain rights throughout this process. If you or a loved one has been accused of wrongdoing on campus, it is important to understand your rights during a Denver Title IX investigation.
If your school has accused you of violating its Title IX policy, you should not assume the process will resolve itself. Let a dedicated Title IX defense attorney investigate the allegations against you before aiding you in your defense.
Under your rights in Denver, your school should not treat you as responsible for the alleged misconduct before completing the Title IX investigation process. Current Title IX procedures generally require institutions to begin with the presumption that the respondent is not responsible until a final determination is made.
That does not mean the school is powerless to implement measures designed to support the complaining witness along the way. Colleges and universities can issue a no-contact directive or modify class schedules or housing assignments to ensure that person’s safety as this process plays out.
Before a school moves forward with formal disciplinary proceedings in Denver, it has to provide you with a written notice of the Title IX allegations as part of your rights. The notice should identify the conduct at issue, explain which school policies allegedly were violated, and describe the procedures that will govern the investigation.
You should carefully review every communication from the Title IX office. Missing deadlines or misunderstanding the allegations can place you at a significant disadvantage as the investigation moves forward.
One of the most important rights you have during a Denver Title IX proceeding is your ability to hire a lawyer. Legal representation can help you understand your school’s procedures, evaluate the evidence, and decide how best to proceed.
An attorney can also identify procedural errors and coordinate your defense if law enforcement has opened a related criminal investigation. In fact, it is vital that you have an attorney who understands how testimony at your Title IX hearing could impact the criminal charges against you.
In Denver, you generally have the right and opportunity to present evidence supporting your position during a Title IX investigation, which our defense lawyer can assist you with. Many schools also allow questioning of witnesses during the hearing process, although the exact procedure depends on the institution’s Title IX policy and the regulations that apply to the case.
Whether or not your attorney will be able to question witnesses on your behalf will also depend on this policy. At Petrash Law, we prepare for all possibilities to ensure your case is comprehensive and strategically planned for the best possible defense.
Denver Title IX regulations do not require every school to offer the right to an appeal after a final decision. However, if a school chooses to provide an appeal process, it must make that opportunity available to both parties.
Appeals also have narrow limits on why they can be raised. Schools generally restrict appeals to specific issues, such as significant procedural errors, newly discovered evidence that could affect the outcome, or conflicts of interest or bias involving those who handled the case. An appeal does not allow either party to retry the entire case simply because they disagree with the result.
If you or a member of your family is the target of a Title IX investigation, it is important for you to have a clear picture of your rights. Our firm is proud to advocate for students and can answer any questions you have about your rights during a Denver Title IX investigation. Contact Petrash Law today to schedule a free consultation and get skilled legal guidance throughout the investigation process.