If you or your child have been accused of a Title IX offense, it is vital to take it seriously. A violation, whether or not it is linked to a criminal offense, can impact your student’s school career, leading to suspension or expulsion. It can prevent someone from graduating and impact the ability to attend graduate school or even change undergraduate programs. These allegations can even follow you into your professional career, impacting you for years to come.
While Title IX’s goals of protecting people from sexual harassment and sexual abuse may seem laudable, what many people do not realize is that some of the consequences are comparable to criminal consequences but with a much lower standard of proof. No one is going to jail over a Title IX allegation unless it has accompanying criminal charges, but the impact on someone’s life can be almost as dramatic. Hiring a Clermont Title IX defense lawyer is one step you can take to secure and protect your future.
The purpose of Title IX is to prevent gender discrimination in schools. It does not apply to every school, but if a school receives federal funds, then it must adhere to Title IX. Since school loans, Pell grants, and some other forms of financial aid count as federal funds, most schools must adhere to Title IX rules.
One of the ways that Title IX seeks to prevent gender discrimination is by eliminating sexual harassment—and sexual assault—in college and university environments. Most students facing Title IX allegations will be accused of either sexually harassing or sexually assaulting someone. However, it could be possible for someone to face other Title IX allegations, especially if a student is in a leadership role, such as a teaching assistant. A Clermont lawyer will investigate the allegations in a Title IX claim to see if a claim is even viable, and if so, come up with an appropriate defense.
20 U.S.C.S. §§ 1681-1688, also known as Title IX of the Education Amendments of 1972, prohibits discrimination based on sex or blindness. These amendments added to the Higher Education Act of 1965 and the Elementary and Secondary Education Act of 1972. While the amendments addressed multiple issues, Title IX is probably the best-known of those changes.
Any educational institution that receives federal funding cannot discriminate on the basis of sex. However, Title IX is not the only law that could impact a person accused of a Title IX violation. For example, for college students, many Title IX allegations could be based on sexual harassment, stalking, dating violence, or sexual assault. Those allegations could expose someone to substantial criminal charges, which could include felonies with lengthy potential prison sentences. One of the first things that a Clermont Title IX defense attorney must do is determine whether a person is facing criminal charges in addition to a civil proceeding. If so, it can impact what type of defense strategies the attorney uses.
One of the most important things to keep in mind is that a student facing Title IX allegations deserves due process. Staff members also deserve due process, but their employment contracts may allow for temporary suspensions or other remedies, which could impact their rights. However, students accused of Title IX allegations should be permitted to continue their studies without impact until the conclusion of the proceeding. Of course, if there are related issues, such as any arrests or time in jail, those could impact the process.
Having a Clermont lawyer can have an intermediate impact on a Title IX investigation. Some schools may try for temporary suspensions or other remedies that could impact a student’s schooling while they await the outcomes of a Title IX proceeding. A lawyer can ensure that a student gets the full due process without any punishments prior to the outcome of a proceeding.
If you or your child are facing Title IX allegations, it can create a lot of anxiety. On the flip side, you could make the mistake of viewing it like any other disciplinary proceeding and not taking it seriously enough. The potential penalties include suspension or expulsion, as well as loss of scholarships, financial aid, eligibility for sports, leadership positions, jobs, and even degree revocation.
Some of these consequences could follow you well beyond the end of your school career. Protect your future. Schedule a consultation with a Clermont Title IX defense lawyer to find out more.
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