Due Process under Title IX in College Park
Due process means fair treatment through the normal judicial system with regard to a citizen’s entitlement. In an academic setting, your right to due process will vary depending on your college or university’s policies, the Title IX violation in question, and the circumstances surrounding the alleged incident.
If you have been charged with a Title IX violation, you should seek advice from an attorney who is experienced with explaining due process under Title IX in College Park. A knowledgeable lawyer could explain the full extent of your rights and protect them during the legal proceedings.
Sexual Harassment Violations
Title IX requires universities to have policies and procedures in place to prevent sex-based discrimination. If an alleged Title IX violation involves sexual harassment or sexual misconduct, the school must pursue an internal investigation. This is true whether law enforcement investigates the incident or not.
If the school becomes aware of a possible Title IX violation, they must investigate the matter whether or not someone files a complaint.
Sex Discrimination
If the Title IX violation is based upon sex discrimination, the complainant has a right to receive an adequate, reliable, and impartial investigation, as well as the opportunity to present witnesses and other evidence. They also have the right to an appeal.
Due process for students facing Title IX violations includes the right to know how long the investigation will take, when a decision will be made, and the outcome of the investigation. Students facing violations also have a right to appeal the outcome. A local attorney could help a student file an appeal if necessary.
Student Disciplinary Hearings
The standards for reviewing the evidence and due process at disciplinary proceedings are different from those which are applicable to legal proceedings. A student defense lawyer could use their knowledge of college proceedings to achieve the best possible outcome. A nearby Title IX attorney could apply legal strategy, gather evidence, prepare the student for testifying, and work to obtain a less severe punishment if the student is found guilty.
Due Process Following the Outcome of a Title IX Complaint
The outcome of a Title IX complaint is made known only to the parties involved, pursuant to the Family Education Rights and Privacy Act (FERPA). This statute prohibits the release of a student’s private information to the public.
Student records also remain protected under FERPA. However, there are exceptions in cases that involve sexual assault or sexual harassment Title IX violations. If the complainant obtains a restraining order against the accused, then that could be disclosed to the public.
Consulting an experienced College Park attorney could help students understand their rights to due process in Title IX investigations. A lawyer could also allow students to understand what information could potentially become public knowledge. Students must be aware of their rights while Title IX proceedings are taking place.
A College Park Attorney Could Explain Due Process in Title IX Investigations
Title IX regulations are complex and constantly being updated and changed. In light of these changes, it can be necessary for a person facing Title IX charges to receive immediate legal counsel.
A College Park attorney could use their experience to deliver a thorough explanation of due process in Title IX cases and ensue that you are properly informed on the current laws and procedures. Call today to set up an initial consultation.