In the college and university environment, where drinking and partying are common, it is not uncommon for young people to be wrongly accused of sexual misconduct. If you or someone you love has been accused of sexual misconduct, having the right Title IX attorney advisor on your side can make all the difference.
Being accused of sexual misconduct at a school, college, or university can have devastating, life-changing consequences, including:
When a student is accused of sexual misconduct on campus, such as sexual assault, stalking, or sexual violence, educational institutions can act swiftly to try to resolve these cases as quickly as possible. There is no time to waste.
When an educational institution receives a complaint of alleged sexual misconduct, the school will conduct a Title IX investigation that can lead to a disciplinary hearing. Unfortunately, in a Title IX investigation, the accused person does not enjoy the same rights and protections as someone charged in criminal court. They often do not have the opportunity to fully investigate the allegations against them or to sufficiently prepare a defense.
When you are facing accusations of sexual misconduct on campus, you need an experienced Title IX attorney advisor on your side who understands the criminal aspect of the allegations against you, how the educational discipline system functions, and how those allegations will affect your educational opportunities.
Based in Atlanta, Georgia, Megan Ballard Mitchell is a criminal defense and Title IX attorney. She can help you understand the case against you and the school’s investigative and disciplinary process. She will investigate the allegations and be your advocate during the school’s Title IX investigation and hearing process.
Under federal law, a school’s Title IX investigation system must include a process for objectively evaluating evidence. The school procedures must include a presumption that the accused person is not responsible for the alleged action until proven otherwise. In addition, each institution can establish its own standard of proof for alleged sexual misconduct violations. The school procedure must state whether it selected the preponderance of evidence standard (“more likely than not”) or the clear and convincing standard (a higher standard in which the fact-finder must be firmly convinced that the allegations are true).
During a Title IX investigation and hearing, the school must allow the accused person to have an advisor to assist them if they request one. In addition, the school must provide all interested parties with the evidence it gathered and allow them to examine and respond to it. How a party responds to the provided evidence can significantly impact the outcome of the hearing. A knowledgeable advisor will help review and respond to the investigation report.
Colleges and universities can offer different types of disciplinary hearings.
At the hearing, both parties can call witnesses and cross-examine adversaries and witnesses.
If a student is found to have been responsible for the alleged sexual misconduct, the school will impose a punishment that can include probation, no-contact orders, suspension, or expulsion. The punishment imposed should allow the alleged victim to continue to have equal access to the education the school provides and any support structures necessary to facilitate this objective.
If you or someone you love has been accused of sexual misconduct at a school, college, or university, experienced representation is crucial to protect your future. There is no substitute for experienced, knowledgeable, and expert counsel and advocacy.
Megan Ballard Mitchell is committed to protecting your rights in Title IX matters. A compassionate and tenacious advocate, she understands the consequences a Title IX investigation can have on your life, your future, and your reputation.
Successfully navigating the complex landscape of Title IX requires a deep understanding of the policies and procedures involved. Few criminal defense lawyers are familiar with the nuances of a Title IX investigation and how the process differs from a standard criminal investigation. But attorneys who focus solely on education law often lack the adversarial experience necessary to mount your strongest defense.
Ms. Ballard Mitchell has extensive experience conducting investigations of Title IX compliance at the federal level for the U.S. Department of Education in the Office for Civil Rights. Before joining the Department of Education, Ms. Ballard Mitchell worked as a Hall County Public Defender. Her unique perspective allows Ms. Ballard Mitchell to craft a robust and compelling defense strategy tailored to your specific case.
Meticulous preparation, thorough investigation, and effective representation are the hallmarks of Ms. Ballard Mitchell's approach to Title IX defense. She will delve deeply into every available fact to build a comprehensive picture that highlights information critical to your defense. Title IX attorney Ms. Ballard Mitchell will work tirelessly to ensure your rights are protected, that due process is upheld, and your voice is heard throughout the proceedings.
At the Law Offices of M. Ballard Mitchell, we understand that Title IX matters can intersect with criminal charges and have long-lasting implications. A skilled Title IX attorney can help you successfully navigate these complex and emotionally charged situations, mitigating the potential consequences and safeguarding your interests every step of the way.
To learn more and begin preparing your defense, contact a Title IX attorney at The Law Office of M. Ballard Mitchell today.
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