Question 1

WHAT ARE THE NEW TITLE IX REGULATIONS?

Accepted Answer

The new Title IX regulations have the effect of law and provide greater due process rights to all parties involved in campus Title IX proceedings.  There are significant changes in the new regulations regarding the scope of campus Title IX policies and the processes used by schools when responding to Title IX complaints.

Question 2

MY CASE BEGAN PRIOR TO AUGUST 14, 2020, HOW DO THE NEW REGULATIONS IMPACT ME?

Accepted Answer

The Department of Education’s Q&A expressly noted that the regulations are not retroactive.

Question 3

WHAT HAPPENS DURING A TITLE IX INVESTIGATION?

Accepted Answer

The investigation is the process by which the school collects evidence.  An investigator may be employed by the school or a third-party (typically a lawyer) hired by the school.  A school may assign multiple investigators to a case, depending upon the complexity of the matter.  The investigative process should be fair and equitable, which means that any opportunity a school offers to one party, it must offer to the other.  During the investigation, an investigator meets with the complainant, respondent, and witnesses to gather evidence.

Question 4

WHAT RIGHTS DO I HAVE IF I AM A COMPLAINANT?

Accepted Answer

A complainant is entitled to a fair and equitable process. The burden of proof rests on the school.

Question 5

WHAT RIGHTS DO I HAVE IF I AM A RESPONDENT?

Accepted Answer

A respondent must be presumed not responsible. A respondent is entitled to a fair and equitable process. The burden of proof rests on the school.

Question 6

DO I NEED AN ADVISOR OR LAWYER FOR A TITLE IX INVESTIGATION?

Accepted Answer

A student is entitled to select an advisor of choice. In fact, the new regulations clearly state that a school may not limit the choice or presence of an advisor. Having a lawyer serve as an advisor is important because that stakes are so high and Title IX cases have long-lasting consequences. A lawyer can assist with preparing the case to ensure that the student’s rights are fully protected and the relevant evidence is presented in a persuasive manner.

Question 7

MY SCHOOL PROVIDED ME WITH AN ADVISOR. AM I STILL ABLE TO RETAIN A PRIVATE ADVISOR?

Accepted Answer

Every student going through the Title IX process should feel comfortable with his or her advisor. However, at any point in the process a student can change advisors.

Question 8

WHAT INFORMATION WILL BE SHARED WITH MY PARENTS DURING A TITLE IX INVESTIGATION?

Accepted Answer

It depends. FERPA is a federal law that protects the privacy of students’ education records. A school cannot share Title IX information with parents without the written permission of the student. While some students may not want to share case details with parents or loved ones, we encourage students to talk to their parents about what’s going on.

Question 9

CAN I BE PUNISHED IF I REFUSE TO BE INTERVIEWED OR OTHERWISE PARTICIPATE IN THE INVESTIGATION?

Accepted Answer

The official answer is no. Recognizing the importance of the Fifth Amendment right to silence, the new regulations prohibit a school from drawing any inference about responsibility for a policy violation from a party’s refusal to participate in the process. However, on a practical level, respondents who do not participate in the process generally do not fare well because the claims remain unchallenged.

Question 10

CAN YOUR FIRM HELP ME EVEN THOUGH YOU ARE NOT LOCATED IN MY STATE?

Accepted Answer

Yes, we represent students nationwide. We can travel when necessary or participate through virtual platforms.

Question 11

WHAT EXPERIENCE DO WE HAVE HANDLING TITLE IX AND MISCONDUCT MATTERS? WHAT IS OUR SUCCESS RATE?

Accepted Answer

We have been representing students in campus Title IX proceedings since the early days of implementation of the 2011 Dear Colleague Letter. We don’t have a specific “success rate” and would be incredulous of any statistic provided by a lawyer given the unique nature of Title IX cases. A successful outcome can be many things: winning a hearing, successfully negotiating information resolution, or navigating restorative justice.

Question 12

DO YOU ONLY REPRESENT ACCUSED STUDENTS?

Accepted Answer

Historically, we represented respondents. However, in more recent years, our practice evolved to represent complainants and respondents given the demand for our services.

Question 13

CAN I BE DISCIPLINED FOR CONDUCT THAT OCCURRED OFF-CAMPUS?

Accepted Answer

Prior to the implementation of the new regulations, schools could impose discipline for Title IX violations that occurred on campus or off campus. Under the new Title IX regulations, schools only possess Title IX “jurisdiction” for incidents that occur within the school’s education program or activity, against a person within the United States. An education program or activity includes locations, events, or circumstances over which the school exercises substantial control over the respondent and the context in which the harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the school. Study abroad programs are specifically excluded from the reach of Title IX. However, schools may still process such complaints outside the “jurisdiction” of Title IX under traditional student codes of conduct.

Question 14

CAN I BE DISCIPLINED FOR CONDUCT THAT INVOLVED SOMEONE WHO IS NOT A STUDENT AT MY SCHOOL?

Accepted Answer

Yes. A school can impose discipline under Title IX for incidents that occur within the school’s education program or activity, against a person within the United States. An education program or activity includes locations, events, or circumstances over which the school exercises substantial control over the respondent and the context in which the harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the school.

Question 15

I SUSPECT A TITLE IX COMPLAINT MAY BE FILED AGAINST ME. IS THERE ANYTHING I CAN DO IN ADVANCE OF A COMPLAINT BEING FILED?

Accepted Answer

If you suspect a Title IX complaint may be filed against you, contact a lawyer to begin determining what evidence may be relevant and useful.

Question 16

HOW CAN I SUE MY SCHOOL IF I AM NOT SATISFIED WITH THE TITLE IX OUTCOME OR PROCESS?

Accepted Answer

In order to determine whether you may have the ability to initiate litigation against your school, please call us to discuss your case further. Generally, in order to bring litigation at the conclusion of a campus Title IX proceeding, all administrative avenues (such as appeals) must be exhausted.

Question 17

DOES KJK EVER REPRESENT ORGANIZATIONS?

Accepted Answer

Yes, we have experience representing student organizations. Please call us to discuss your case further.

Question 18

ARE TITLE IX INVESTIGATIONS PUBLIC?

Accepted Answer

Title IX investigations are confidential investigations generally protected by the scope of FERPA.

Question 19

DOES KJK REPRESENT STUDENTS PRO BONO OR ON A CONTINGENT BASIS?

Accepted Answer

Please call us to discuss your case further.

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