The Title IX Lawyer You Need
An attorney is required to defend your rights in the event that you or someone you know has been accused of sexual misconduct at the school. A good attorney-advisor will assist you in gathering evidence and contest the credibility of the person who accused you. They can also help you prepare for a disciplinary process.
Title IX and Schools
The vast majority of educational institutions are subject to Title IX, a federal law that prohibits discrimination based on sex in education programs or activities. This includes public and private schools as well as some nonprofits.
The federal law is applicable primarily to schools that receive federal funds however, it can be applied to any other organization that receives or has received some of its funding from the Department of Education. Title IX Lawyer Jacksonville allows students to bring a lawsuit against educational institutions when they believe they’ve suffered harm due to their race, color, gender, religion, nationality or disability, or age.
Title IX Investigations
The school will start an investigation when they receive the complaint. It could take up to 60 working days. In this time they will take note of relevant text messages and other evidence. They will also interview witnesses and ask them questions regarding the complaint.
The Title IX investigator will produce an end-of-the-line report of the investigation that both parties may review. The report will describe the findings of the investigations and the possible legal ramifications.
If the complaint is proved and the school is able to prove it, they will conduct a formal hearing in order to determine whether you should be punished. The “preponderance” of evidence standard is typically utilized by decision makers. This means they will find you responsible if there is a greater than fifty percent likelihood that you committed an offense.
Protesting at a Hearing
You have ten days to review all evidence against you after your case has been presented to the hearing officer. You may then request an advisor, such as an attorney, present at the hearing to assist you defend yourself and answer any questions the complainant might have.
A good Title IX lawyer can make sure that you are aware of your rights and options throughout this process. They will also help you in preparing a strong defense.
Your Rights at a Hearing
At most schools you are entitled to an impartial and fair hearing. A Hearing Officer will pick the decision-makers who will consider all sides of the story and evaluate the evidence. During the hearing you and your advisor will be permitted to present all of the facts, make witnesses available, and cross-examine any evidence that the complainant brings against you.
In addition you have the option to appeal the decision. This means that the school must permit you to re-present your case, and you have the right to ask questions of the person who made the decision in person.
If you are accused of sexual assault, you may qualify for a financial compensation to cover your damages and losses. The amount you receive is contingent on the nature of the crime. It can be anything from a few thousand dollars to one million dollars.