Understanding a Title IX Claim

Teenager student comforting sad classmate

Title IX is a federal law that prohibits discrimination based on sex or gender in any education program or activity that receives federal funding. The law was originally passed to require that men and women receive equal access to educational facilities. It has since expanded to require that any public or private school that receives federal funding must investigate reports of sexual misconduct or sexual violence. Under the law, any form of sexual misconduct is considered a form of discrimination because it prevents a student from fully participating in an education program.

In evaluating claims of sexual misconduct or sexual assault, schools engage in extensive investigations that often include interviews with the suspect and witnesses, gathering of evidence, and a disciplinary hearing that could result in suspension, removal from a team or activity, or even expulsion. In many cases, a Title IX investigation can result in a student being denied admission to another school, and could lead to criminal charges that could result in a student being labeled a “sex offender.” A Title IX investigation can also impair a student’s ability to find meaningful employment in the future.

If you or your child is under investigation for a potential Title IX violation, it is crucial that you secure experienced, aggressive legal representation. The Law Offices of M. Ballard Mitchell is dedicated to providing students the legal representation they need in Title IX matters and any related criminal charges. Title IX defense attorney Megan Ballard Mitchell understands the nuances of a Title IX investigation and how the process can lead to potential criminal liability. She will be your advocate during the investigation and disciplinary hearing, and can minimize the likelihood that criminal charges will be filed.

What Happens in a Title IX Investigation and Hearing?

When a school receives notice of a potential Title IX violation, administrators will initiate a thorough investigation that could involve police officers and the criminal legal system. Typically, the investigation involves interviews with the alleged victim, the suspect, and any witnesses. Investigators will also likely try to gather additional information like text messages, emails, and other evidence.

When the investigation is complete, the school will hold a disciplinary hearing. The person complaining and the accused are entitled to have an advisor present who can provide assistance. At the hearing, both sides describe their version of the events, and the panel will decide whether there was a violation. If the panel determines there was a violation, it can impose sanctions that may include campus restrictions, suspension, or even expulsion.

Common Problems in Title IX Investigations and Disciplinary Hearings

Many alleged Title IX violations turn on the issue of “consent.” Understandably, it can be difficult to ascertain whether it was reasonable for the accused student to believe consent was given, especially if drugs or alcohol were involved.

Another common problem is how the school conducts the investigation and disciplinary hearing. A student accused of a Title IX violation is entitled to a prompt, fair, and impartial investigation and hearing, and the disciplinary process must remain confidential. Unfortunately, some schools violate the rights of the accused student by prohibiting them from confronting their accuser, refusing to share evidence, or failing to allow a student to have an advisor present during the hearing.

During the Title IX investigation and disciplinary hearing, assistance from an experienced Title IX defense attorney is vital. If the school is not following the correct process or is violating the rights of the accused student, an attorney can file a complaint with the Department of Education’s Office for Civil Rights or commence litigation to ask a court to halt the proceedings or not enforce its decision.

How a Title IX Defense Attorney Can Help

A student accused of a Title IX violation may have to endure months or even a year of investigations, interviews, hearings, and disciplinary proceedings. Students accused of violating Title IX often describe feelings of isolation and a negative impact on their reputation. Many become distracted by the stress of the investigation.

Title IX defense attorney Megan Ballard Mitchell can serve as the point person in communications with the school, relieving stress on the student and their family and helping prevent the student from making statements that could undermine their defense. In addition, Ms. Ballard Mitchell will be an aggressive and effective advocate. She will protect the accused student, initiate complaints whenever the investigation is being mishandled, and ensure the student receives adequate legal protection during the investigation and any proceedings.

What Should You Do If You or Your Child Is Accused of a Title IX Violation?

If you or your child was accused of sexual misconduct at school, do not delay — contact experienced Title IX defense attorney Megan Ballard Mitchell immediately. Ms. Ballard Mitchell will take the time to fully understand your situation, and will defend you and protect your rights, both in the school disciplinary hearing and in any criminal charges that could arise.

Megan Ballard Mitchell is a knowledgeable and experienced Title IX defense attorney. She began her career as a public defender then served as an Attorney Advisor for the U.S. Department of Education in the Office of Civil Rights (“OCR”) where she reviewed college, university, and K-12 Title IX investigations. She will protect your rights and guide you through a Title IX investigation and disciplinary hearing and any criminal charges you could face.

To learn more, contact Megan Ballard Mitchell today to schedule a confidential appointment to discuss your situation and how she can help.