WHAT ARE THE NEW TITLE IX REGULATIONS?

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.

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

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

WHAT HAPPENS DURING A TITLE IX INVESTIGATION?

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.

WHAT RIGHTS DO I HAVE IF I AM A COMPLAINANT?

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

WHAT RIGHTS DO I HAVE IF I AM A RESPONDENT?

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.

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

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.

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

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.

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

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.

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

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.

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

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

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

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.

DO YOU ONLY REPRESENT ACCUSED STUDENTS?

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

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

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.

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

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.

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

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.

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

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.

DOES KJK EVER REPRESENT ORGANIZATIONS?

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

ARE TITLE IX INVESTIGATIONS PUBLIC?

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

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

Please call us to discuss your case further.

Nationwide Title IX Attorneys Here For You.

Protect your Future from misconduct allegations.

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COVID-19 Conduct Code Violations

In the COVID-19 era, colleges and universities have enacted policies and procedures to help protect against COVID-19 outbreaks on campus. But students are struggling to distinguish between what is a recommendation and what is a true campus policy that they are required to adhere to.

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Title IX & Campus Misconduct
Our attorneys defend and advise students and professors facing Title IX and other campus misconduct allegations to ensure they receive due process.

Reputation
Management
Collaborating with a team of attorneys and in-house communications professionals, our team works to preserve, defend and repair the reputation of clients in crisis.

Criminal
Defense
Our criminal defense attorneys represent clients from the early stages of an investigation through trial and beyond, guiding them through the intricacies of the criminal justice system.

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Nationwide Title IX Defense Attorneys Here for You.

Protect your future from misconduct allegations.

Call Us Now

Title IX & Campus Misconduct
Our attorneys defend and advise students and professors facing Title IX and other campus misconduct allegations to ensure they receive proper due process and a fair defense.

Learn More

Reputation Management
Collaborating with a team of attorneys and in-house communications professionals, our team works to preserve, defend and repair the reputation of clients in crisis.

Learn More

Criminal Defense
Our criminal defense attorneys represent clients from the early stages of an investigation through trial and beyond, guiding them through the intricacies of the criminal justice system.

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Our Practice motto is simple:

We're Here for you

KJK’s Student & Athlete Defense attorneys defend and advise students and professors facing Title IX and other campus misconduct allegations, in addition to criminal prosecution.

Our team serves clients across the country involved in campus misconduct matters to ensure that they receive due process. We also advocate for students with learning disabilities to ensure they receive equal access to education.

Who We Serve

Fraternal Organizations
K-12 Students
Physicians
– Residents
– Fellows
– Faculty
Pre-School Students (Ages 3+)
Professionals
Scientists & Researchers
University Faculty & Staff
University Students
– Undergrads
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Our Experience

where we’ve represented students & faculty

Our Experience

where we’ve worked

Our world is changing. Our commitment stays the same.

DIGITAL COMMUNICATION

Our world is changing. Our commitment stays the same.

Digital Connection.

In these challenging times amid the COVID-19 pandemic, we’re all adapting to a “new normal.” We’ve built a national reputation providing dedication and skill to taking care of students whose education is at risk and professionals whose careers are threatened from coast to coast. We have remained connected to our clients by providing exceptional personal service through technology. We’re here for students and professionals in need, no matter where they are.

See What our Clients are Saying

Testimonials

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KJK guided us through a very difficult time...

in our lives and provided support that helped beyond the original request. The firm and advocate worked as a team to ensure a proper diagnosis, ETR and IEP. They were coordinated, communicative and confident. Their commitment to results and concern for our son was evident throughout the process.”

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SUSAN STONE and KRISTINA SUPLER REPRESENTED OUR MALE COLLEGE FRESHMAN

against a false Title IX claim of non-consensual sexual intercourse. Current Title IX laws are strongly slanted in the accuser’s favor, and our son was denied due process by the university. This legal team expertly highlighted the accuser’s false accusations, while exposing the university’s many inconsistencies. They were there when we needed them – quick to take our phone calls or respond to our questions and concerns. Without their expert legal advice, our son would have likely been another silent and unfortunate victim of current Title IX university policies. We give Susan and Kristina the highest of recommendations!

Cases taken on

Years of experience

Congratulations:

Best Lawyers® 2022 Lawyer of the year Susan Stone

KJK would like to congratulate Student & Athlete Defense Co-Chair and Partner Susan Stone on being named Best Lawyers® “Lawyer of the Year” in the Education category for 2022. Only one attorney receives the “Lawyer of the Year” distinction in each category and location, and the title is awarded to the lawyer that received the highest peer reviews in that category. Well done Susan!

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1375 East Ninth Street
One Cleveland Center, 29th Floor
Cleveland, Ohio 44114-1793

216.696.8700

COLUMBUS OFFICE

10 West Broad Street
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Columbus, Ohio 43215

614.427.5731

Nationwide Title IX Attorneys Here For You.

Protect your Future from misconduct allegations.

COVID-19 Conduct Code Violations

Nationwide Title IX Defense Attorneys Here for You.

We're Here for you

Who We Serve

where we’ve represented students & faculty

where we’ve worked

DIGITAL COMMUNICATION

Digital Connection.

Testimonials

KJK guided us through a very difficult time...

SUSAN STONE and KRISTINA SUPLER REPRESENTED OUR MALE COLLEGE FRESHMAN

Colleges & Universities

Cases taken on

Years of experience

Congratulations:

Best Lawyers® 2022 Lawyer of the year Susan Stone

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CONTACT