If you are accused of Title IX sexual misconduct in Illinois, you need the help of an experienced attorney to navigate the complicated charges. Read on to learn about the process and consequences, as well as potential problems that may develop under the current system.
Definition of Title IX
Title IX is a federal law added to the Education Amendments Act of 1972. It states, “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.”
The law requires equity in sports funding, and that is what most people have known it for historically. However, it also applies to a personal right to be free from sexual harassment or assault while on campus, and this second meaning has taken center stage in recent years.
How Title IX Matters in Your Case
When allegations of sexual misconduct occur on a college campus, the federal government requires prompt investigation into the allegations. Colleges are expected to take quick action against sexual misconduct. The school can lose federal funding if actions are not taken according to protocol.
Upon being charged, it is imperative that you seek legal counsel from a skilled Illinois attorney who understands Title IX law. The advisor recommended by the school may not have your best interests in mind. Seek independent, knowledgeable counsel as soon as charges are filed against you.
Title IX cases are extremely complex, and the odds are normally stacked high against the defendant. You need someone who will aggressively fight for your rights and conduct a thorough investigation into the facts of the case.
Both criminal and civil law may be involved in a Title IX case. You must find an experienced Chicago attorney who can be trusted to know how both sides of the law apply to your case.
Your best bet is to seek counsel immediately. If you wait after hearings are conducted, you may be unable to gain the protection you need. The sooner you call, the sooner your attorney can build a solid defense strategy against the charges.
The Title IX Process
You need a clear understanding of the process and procedures. A knowledgeable lawyer can guide you through the process with greater peace of mind.
Colleges differ in how they handle Title IX violations. You may appear before a board or before a single representative, such as a dean, who makes judgments against you. Hiring an attorney at the beginning can help protect your rights.
Since a college will work hard to protect its funding, the board or investigator may overlook key evidence or fail to speak with witnesses. You must prepare your own evidence to support your argument, and a seasoned Title IX lawyer can do this for you.
Fighting Charges on a Title IX Violation
Failing to fight your charges could result in suspension or expulsion. A record of sexual misconduct could stay on your permanent record, which could hinder your educational or vocational opportunities.
This isn’t like criminal court where someone is supposed to go free if there is reasonable doubt. For these types of violations, you can be punished if you are found to be only 50.01 percent responsible, due to the preponderance of evidence rule in these cases.
An experienced Illinois criminal defense attorney can help you avoid these consequences and guard your freedoms. Don’t wait to seek the legal help your complicated case deserves. Call today for a free consultation. We will work hard to protect your reputation.
About the Author:
Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.