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Title IX Defense

College and University students accused of Title IX violations like sexual misconduct are not always assured of their due process rights. Any time a Title IX defense lawyer at our firm is hired, we proudly and vigorously represent students charged with Title IX violations to ensure that the due process rights of students charged with conduct violations, including Title IX claims like harassment, date rape, sexual assault, stalking, and domestic violence, are protected.

Each Title IX defense lawyer at our firm believes that no matter how bad the allegations against a student are, everyone is entitled to due process and a vigorous defense – and we believe that is not happening in far too many schools throughout America. Title IX administrators and investigators are often unaware of the legal ramifications of Title IX charges and university students are often unaware of their right to due process during Title IX proceedings – rights that should be protected especially if the college student faces the possibility of criminal charges that stem from the Title IX allegations.

What is Title IX? Our Title IX Defense Lawyer Explains

Title IX was passed in 1972, and its language is clear and concise:

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

Originally passed as part of a widespread effort (under President Nixon) to require schools to provide equal access to facilities and programs to men and women, Title IX has expanded over the years to include a requirement that any public or private school that receives federal funding must investigate reports of sexual violence.  Essentially, sexual misconduct (i.e., sexual assault, rape, harassment, etc.) has been deemed a form of discrimination under Title IX that is sufficiently severe that it prevents the affected student from properly participating in their educational program and accessing the benefits accrued from such participation.

Simply put, courts and agencies enforce Title IX in ways that may not have been anticipated during its inception. This broader interpretation not only empowers but compels school districts to hunt down students who have been accused of sexual assault or any other aspect of the school’s code of conduct (with respect to sexual harassment and misconduct) and investigate such claims. This becomes especially difficult because of the political pressure put on school administrators from student activist, outside political activists, and media attention. Now administrators are pressured to peruse allegations of sexual misconduct and believe the accusers, especially if the accuser is female and the accused is male.

In evaluating claims relating to students and their sexual assault and misconduct, schools are required to engage in extensive and quite comprehensive investigations. They interview suspects, collect statements from any witnesses, gather evidence, and provide the accused student with a fair hearing before a neutral tribunal.

The results of this tribunal can have far-reaching implications for accused college or university students: Suspension or expulsion from school, the prospect of criminal charges that result in a “sex offender” label, being denied admission to another university or graduate school, and even hinder their ability to find a meaningful job years into the future.

There are several issues with these proceedings: some universities will have their legal teams present without offering the same protections to the student, basic due process protections guaranteed under the constitution are ignored and if a student’s rights go unprotected during the initial proceedings, appeals are much more difficult to win.  

We protect the due process rights of college and university students charged with Title IX sex offenses.

If you or your son or daughter are facing Title IX allegations of sexual wrongdoing by a college or university, call the lawyers at Binnall Law Group immediately. Our Alexandria, Virginia Title IX defense attorneys represent students at schools and in courtrooms around the United States to ensure that due process is followed by campus investigators and officials before a potentially life-altering decision is handed down.

The Role of a Title IX Defense Lawyer

The implications of a Title IX investigation can be far-reaching.  Students who have been accused of sexual misconduct may be forced to undergo more than a year of investigations, hearings, and other disciplinary procedures that could eat away at time that could have been spent on more productive matters.

Further, the emotional burden inflicted upon the student-defendant may be too much to bear.  Students who have been accused may find that they are left isolated socially, as they may have gained a negative reputation despite their innocence. Some might also become distracted (during a critical period of their formative years) by the chaos of the investigation and related processes.

Given the complex and rather confusing nature of the situation that a student-defendant is likely to encounter, the assistance of an experienced Title IX defense lawyer is indispensable to ensure that the student’s rights are upheld throughout.

Not only will your lawyer serve as a communication middleman (so that statements that could undermine your defense are not made to the wrong parties), but he or she will be an aggressive advocate for your legal rights at every step of the Title IX process, initiating complaints whenever the investigation has been mishandled or whenever a hearing has been engaged without adequate protections.

As a Title IX defendant, you are entitled to a prompt, fair, and impartial investigation and resolution.  Further, the disciplinary process must be kept confidential.  Despite the importance of these protections, there may be attempts to circumvent them and retaliate against you for moving forward with the process and not simply accepting the accusation as true.  It is in these moments that a Title IX defense attorney is perhaps most valuable.  He or she will put significant pressure on all parties when the situation has taken a turn for the worse and will move forward towards filing a complaint with the Department of Education’s Office for Civil Rights or litigation if the university or school district fails to provide these protections.

Issues with Title IX Charges that Your Title IX Defense Lawyer Will Help Manage

Students charged with Title IX violations are often forced to defend their actions in the face of the legal definition of a term rather than in the context of a long-term or short-term relationship.  As just one example, many Title IX charges hinge on whether there was “consent.” The concept of consent within the setting of a Title IX procedure is often a vague, undefined term that depends on whether an individual was “stable” enough to give consent to a sexual act. It is understandably difficult to determine if consent was given and if it was reasonable for a student to believe consent was given when both parties are consuming alcohol or drugs. Yet many schools arbitrarily assign a definition even if it is unreasonable.

Another issue we have come across is how a school conducts their investigation and disciplinary hearing. We have represented students who were prohibited from confronting their accuser or prevented from having an open hearing with a final decision reached in private and the accused merely informed of the outcome. In this kind of a situation, we can ask a court to order the school to halt the proceedings or not enforce its decision.

What Should You Do if Your College Student is Accused of a Title IX Violation?

If you are accused of harassment, date rape, sexual assault at your college or university or the parent of a college or university student facing any type of disciplinary hearing at high school, college or university throughout the country, do not delay in contacting a Title IX defense lawyer at Binnall Law Group. Your future or that of your college student may well depend on taking prompt action to make sure that due process rights are followed and upheld.