Title IX states that,

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

When educational institutions are notified of a potential Title IX violation, they take the allegations seriously. If the institution is found to have violated Title IX, its federal funding could be at stake.

Since Title IX was originally passed in 1972, its scope has expanded to include protection against other types of gender-based discrimination and violence, including allegations of sexual assault. Today, any form of sexual misconduct can be considered a form of discrimination because it prevents a student from fully participating in an education program.

If you or your child is under investigation or was accused of sexual misconduct at a K-12 school or on a college campus, securing experienced legal representation is crucial to protecting your rights and your future. The Law Offices of M. Ballard Mitchell is committed to providing students the high-quality legal representation they need in Title IX matters and any related criminal charges. Megan Ballard Mitchell is an experienced Title IX defense attorney who understands the nuances of a Title IX investigation. She can be your advocate during the investigation and disciplinary hearing and can minimize the likelihood that criminal charges will be filed.

Understanding the Timeline of a Title IX Case

To better answer the question of when to hire a Title IX defense attorney, it is helpful to understand how a typical Title IX case unfolds. As with most legal issues, the exact timeline in your case will depend on many factors, all of which will impact how long the case will take. Most Title IX claims take between 5 weeks and 6 months to be resolved.

Factors that may affect the length of your Title IX claim include:

• The school’s process and how closely it is followed
• The type and severity of the allegations of misconduct
• The number of witnesses or involved parties
• How much evidence exists to support the claims of the Complainant and Respondent
• The time of year (whether school is in session or on break)
• Whether the Respondent has a lawyer

Timeline of a Typical Title IX Claim

Here is a sample timeline of a typical Title IX case.

• Day 1: One student accuses another of sexual misconduct.
• Week 1: The school assigns a Title IX Coordinator who meets with the alleged victim to gather information and determine whether a formal Complaint should be filed.
• Weeks 1-2: If a formal Complaint is filed, the Respondent will be notified.
• Weeks 2-7: The formal investigation takes place. This may involve interviewing witnesses to the alleged event(s), law enforcement personnel, and anyone the alleged victim spoke to before or after the alleged sexual misconduct. The investigation may also include collecting text and email messages, photos, videos, police reports, or other evidence related to the claim.
• Week 8: The Title IX Coordinator reviews the evidence and collects statements from the alleged Complainant and Respondent. An investigation report will be created and both parties have an opportunity to review and provide comments or additional evidence.
• Weeks 9-10: The Title IX hearing is conducted.
• Weeks 11-12: The hearing officer or committee issues a finding or outcome. The school’s sanctioning board makes a decision and notifies the parties. If applicable, the appeals process begins.

It is impossible to predict precisely how a Title IX case will unfold. But an experienced Title IX defense attorney can explain the process in your situation, guide you through the investigation, and be your representative at the Title IX hearing, protecting your rights every step of the way.

When Should You Contact a Title IX Defense Attorney?

The two most critical points in a Title IX investigation are the formal investigation and the Title IX hearing. An experienced Title IX defense attorney can provide advice and guidance, answer your questions, and provide legal representation at these critical junctures. A Title IX defense attorney can shape the case to help ensure optimal results.

Because an attorney can play such a pivotal role in determining the final outcome of a Title IX case, it is wise to involve a Title IX defense attorney as early as possible, ideally as soon as the Respondent becomes aware of the potential for a Title IX investigation. In many cases, this is when the Respondent is first notified that a formal Complaint has been filed. But, if you learn of a potential Title IX investigation before receiving formal notice of the Complaint, you can (and should) involve an attorney earlier, if possible.

Contact The Law Offices of M. Ballard Mitchell Today

Allegations of a Title IX violation can be more serious than you may realize, and they can drastically affect your future. To protect your rights and your future, you should hire an experienced Title IX defense attorney as soon as you become aware of a potential Title IX investigation.

Megan Ballard Mitchell is a talented and highly sought-after Title IX defense attorney who is proud to represent people in Title IX investigations in and around Atlanta, Georgia. She will be your advocate during the investigation and disciplinary hearing and can minimize the likelihood that criminal charges will be filed. She 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 related criminal charges that could arise.

Ms. Mitchell 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. Today, she uses that experience to defend people in Title IX investigations and criminal cases in and around Atlanta and throughout Georgia.

To learn more and put her expertise to work for you, contact Megan Ballard Mitchell today to schedule a confidential appointment to discuss your situation and how she can help.