What should you do if you are under investigation for a Title IX violation? A lawyer answers.
When another student accuses you of a Title IX violation, the first step is an investigation. The Title IX coordinator at your university will notify everyone involved. This includes both the person who is making the allegation and the person whom the allegation is being made against. They will be told a complaint has been made and that an investigation into the matter will begin.
Should I start building a defense during the investigation of a Title IX allegation?
Yes. You must start putting your side of the story together and gathering confirming evidence the moment you receive a notice of investigation. The main objective of the investigative process is to gather information to determine validity of the claim.
What should I give the Title IX investigator to show I am innocent?
The type of evidence you should give depends on the specific allegations. Generally speaking, the investigator will take everything into account. This means social media posts, text messages, emails, phone logs, and videos. Interviews and written statements will also be reviewed. This is such an important phase that a student should seek the guidance of an experienced Title IX defense attorney.
Do I get a chance to argue any evidence the investigator gathers during the Title IX investigation?
Yes. After the investigation is completed, both the complainant and respondent will have an opportunity to review and respond to the evidence gathered. The response is critical to the conclusion the investigator will make. If the investigator believes that there is a “preponderance of evidence,” or that it was more likely than not the allegation is true, you will face a disciplinary committee hearing for the final determination of innocence or guilt. If found guilty, the committee will decide what sanctions are appropriate.
Can you help me defend a Title IX allegation?
Yes. Richard Asselta helps students all over the country defend against accusations of Title IX violations. Using nearly two decades of legal experience combined with a specialized knowledge of the student disciplinary process, he helps students gain successful outcomes. Richard Asselta is an award-winning attorney who defends students facing Title IX allegations throughout the United States. Click here to read what clients are saying about Richard Asselta on Avvo, a lawyer review website.