Title IX Defense: Choosing Witnesses and Evidence

Being accused of a Title IX offense can be a devastating experience. Procedures on campus may quickly make you appear guilty to everyone even before the investigation starts.

Because the system is set up to protect potential victims, the rights of the accused are often disregarded. Working with a student defense attorney throughout the process can help preserve your rights and prevent mistakes or miscarriages of justice that could have a disastrous effect on your future. While your attorney will help make final choices, here are some factors to keep in mind when choosing witnesses and evidence to build your defense in a Title IX case.

Questions to Ask When Considering Potential Witnesses

Ideally, you will want to have witnesses who can account for all of the time involved in the event or events your accuser brings up in the case. That means you need to think back over events, classes, or other situations where you may have had contact with the person accusing you of the Title IX violation.

Once you have a list of events, ask yourself:

• Which of your friends was present at the event?
• Do they have other friends or acquaintances who were present?
• Do you know anyone who interacted with the accuser during the event?
• Did you call, text, or communicate with anyone during the event?
• What potential witnesses is your accuser likely to call on? Do you know someone who could refute their version of events?
• Are your potential witnesses reliable? Are they likely to be able to remember events clearly? Do they have firsthand knowledge?

Your student defense attorney could help you with the process and speak to potential witnesses to find out whether they would be willing to testify and tell them what to expect from the process.

Search for Evidence to Support Your Defense and Anticipate Evidence Used Against You

What can be used as evidence in a Title IX case involving allegations of sexual misconduct or other offenses? Different types of communications involving you or your accuser often serve as evidence. This includes social media posts or reactions to posts, and texts or other direct messages. Photos or videos showing the event or any contact between you and your accuser would also serve as evidence.

Other forms of evidence can be used to show your location or that of your accuser. This could include logs of campus entry card swipes or tracking apps that show locations at specific dates and times. If a student defense attorney can help you create a timeline around the event, that can support your defense significantly. Your attorney can request a copy of the complaint filed against you and then organize evidence to refute the allegations relating to specific infractions.

Work with an Experienced Student Defense Attorney to Build the Best Title IX Defense

Delays can prove costly when it comes to defending against Title IX accusations. The longer you wait, the more difficult it can become to locate evidence and reliable witnesses. Protective measures such as no-contact orders during the investigation can start to give everyone an impression of guilt.

When you work with a dedicated student defense attorney at Binnall Law Group, we will help you collect and preserve the best available evidence and present that evidence in persuasive style so that your side of the story carries full weight. To learn how we can protect your rights and your future in a Title IX defense case, contact us for a confidential consultation.