Title IX is a federal civil rights law that prohibits gender-based discrimination in any educational institution that receives federal funding. While many people associate Title IX with women’s athletics, the statute is broader than that and was passed to ensure all students are treated equally in educational settings.
In addition to ensuring equal access to educational opportunities and extra-curricular activities, Title IX also prohibits sex-based discrimination, including sexual harassment, sexual violence, and gender-based bullying at school.
When a school is notified of a possible Title IX violation, administrators face enormous pressure to investigate and punish students accused of sexual misconduct. A school that fails to comply with Title IX mandates faces the loss of federal funding.
If your child has been accused of sexual misconduct at school, you should anticipate and prepare for a Title IX investigation. The best thing you can do to protect your child and their future is to contact an experienced Title IX lawyer.
There is an enormous amount at stake when a student is accused of sexual misconduct at school. The investigation and any resulting discipline could affect your child’s ability to remain at school, their ability to enroll in a different school, their college and job opportunities, and their reputation. More immediately, your child might face harassment or intimidation at school or removal from teams or other school clubs and organizations.
Unfortunately, the protections guaranteed to a defendant in a criminal case do not apply in a Title IX investigation or disciplinary hearing. These include the presumption of innocence, the requirement of proof beyond a reasonable doubt, the right to confront their accuser, the right to review evidence, and more.
In addition, Title IX investigations often move quickly, and investigators may issue decisions in as little as 60 days. This timeline can be challenging for even the most skilled Title IX defense attorney, let alone for someone unfamiliar with the process.
A skilled Title IX lawyer can evaluate your situation and provide advice on how to proceed, especially when it comes to discussing the matter with others. A lawyer can also advise your family about the investigation process and represent your child during any investigatory or disciplinary proceedings.
If your child has been accused of sexual misconduct at school, brace yourself for a fight. Schools take allegations of sexual misconduct seriously, and they will move quickly to begin their investigation and the disciplinary process.
The two most important things you can do when you learn your child is the target of a Title IX investigation are 1) be present to support your child and 2) contact an experienced Title IX attorney immediately.
You should also refrain from discussing the matter until you have spoken with a Title IX lawyer.
Fortunately, your child is entitled to have an advisor present throughout the investigation and any disciplinary proceedings. A knowledgeable and experienced Title IX lawyer can help your family navigate the Title IX investigation and disciplinary proceeding to achieve an optimal result.
Does Title IX Apply to High Schools?
Title IX applies to any educational institution that receives federal funding. This includes K-12 schools, as well as post-secondary schools, public and private schools, and charter schools that receive federal funding.
In the context of K-12 education, Title IX investigations commonly arise as allegations of sexual misconduct, including sexual assault, sexual harassment, stalking, or sex-based bullying at school.
When a child is accused of a Title IX violation, parents assume the worst. They worry their child will not graduate, that their reputation will be forever marred, or that they might be accused of a crime. The first 24 hours after your child tells you they might have been accused of sexual misconduct are crucial. Your child is looking to you for guidance and support. Do your best to remain calm and supportive, and contact an experienced Title IX defense attorney as quickly as possible.
The Law Offices of M. Ballard Mitchell is committed to protecting student rights in Title IX matters. Ms. Mitchell understands the consequences a Title IX investigation can have on a child’s life, their future, and their reputation. She will work to ensure your child’s rights are protected, that due process is upheld, and that their voice is heard throughout the proceedings.
In addition to representing students in Title IX investigations, The Law Offices of M. Ballard Mitchell also represents people accused of crimes and in education law matters. Ms. Mitchell is uniquely positioned to provide comprehensive advice about the complex and potentially disastrous consequences of allegations of sexual misconduct at school. She thoroughly understands the educational disciplinary process and knows how to interact with K-12 school personnel to achieve optimal results in the Title IX investigatory process. She also understands the potential criminal consequences that come with allegations of sexual misconduct and can protect your child against criminal liability.
To learn more and begin preparing your defense, contact a Title IX defense attorney at The Law Office of M. Ballard Mitchell today.
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