Title IX was enacted to protect students, faculty members, and staff on college campuses across the country from sexual discrimination. However, Title IX is not a perfect model. Some people leverage the federal law to falsely accuse others of sexual misconduct.
The wrongfully accused may find themselves quickly facing allegations of sexual violence, sexual harassment, or other forms of prohibited conduct. Suddenly, they are thrown into a review process without the protections or constitutional rights provided to those charged with a crime. False allegations of Title IX violations can result in devastating consequences that compromise the accused’s future in ways they never conceived.
By understanding the Title IX system, how false allegations can arise, the consequences of false claims, and the legal resources available to you, you can make informed decisions about your life and strive to protect your future. An experienced attorney from KJK Student & Athlete Defense can review your case and fight to protect you from being found responsible for acts you did not commit. Call us today for a confidential case review.
What Is Title IX?
Title IX is a federal law prohibiting sex-based discrimination and harassment in educational programs that receive federal funding. The law’s objective is to prevent sex discrimination from interfering with students’ studies and staff’s employment.
While the law was pivotal in changing admissions processes to allow women students to be accepted into educational programs and in ensuring equal funding to women’s athletic programs, an unintended consequence is that there can be false allegations.
What Are the Possible Penalties for Title IX Allegations?
False accusations of Title IX allegations can result in devastating consequences that follow the accused around for years. Almost immediately, the accused can face consequences in the form of so-called “interim supportive measures,” including being kicked out of student housing, required to change classes, and job loss from a university position. The accused can also face no-contact orders prohibiting contact with the accuser, and limiting social opportunities around campus. These consequences can arise before there is any evidence presented against the accused.
If the accused is ultimately found responsible for violating Title IX, albeit wrongly, they can face serious consequences, such as:
- Academic probation
- Suspension or expulsion from school
- Loss of scholarships
- Being kicked off of college sports teams
- Being required to resign from leadership positions on campus
- Revocation of any degree
The results of the proceedings are included in the student’s disciplinary record. Records of suspension or expulsion can make it difficult or impossible to complete a degree program, transfer to a different school of similar status, or get into a graduate program, potentially derailing any educational objectives. Failing to complete a degree could permanently affect the accused’s employment prospects.
In addition to the harmful effects on the accused’s education and career, mere accusations can result in lasting effects on the accused’s reputation. There may be remnants of the investigation online, underscoring the need to work with a legal team that can help with reputation management and scrubbing of negative information online.
Can I Be Found Responsible for Violating Title IX Even Without Solid Proof?
Some people wrongfully believe that the innocent can’t be found guilty. It happens all the time in criminal court, where the burden of proof is much higher than it is for Title IX proceedings. It’s important to realize that people can and are found responsible for violating Title IX even when they did not do what they are accused of. This is one of the reasons why it’s so critical to work with an experienced Title IX defense lawyer.
Under Title IX rules, colleges and universities establish their standard of proof when determining whether a person was responsible for violating Title IX. Most choose the lower standard of by the preponderance of the evidence, which is a 51% standard or “more likely than not” standard. As such, a person could be found responsible for violating Title IX with minimal evidence or simply by believing the accuser more than the accused.
This means that you could be found responsible even if there is no physical or digital evidence linking you to the acts or without an independent witness if the accuser is considered more credible than the accused.
What Types of Evidence Are Allowed in Title IX Proceedings?
Title IX cases are much different than criminal cases. While criminal cases can result in more serious consequences, they also provide certain legal protections to the accused.
One important example is that prosecutors are bound by rules of evidence. Under these rules, prosecutors can only use evidence that is reliable and relevant. Hearsay is excluded, except when an exception to hearsay rules apply. Prosecutors must also prove that the defendant committed the crime they are charged with by proof beyond a reasonable doubt, the highest burden of proof in our justice system.
Colleges and universities are not bound by these rules of evidence. Instead, they are required to follow the specific Title IX policies their schools created. For many schools, this means that the investigative process is primarily left up to the school itself. Evidence that may be accumulated during Title IX investigations is often presented after:
- A Title IX investigator interviews the accuser.
- The investigator interviews the accused.
- The investigator questions potential witnesses who may have observed some of the contact alleged by the accuser.
- The accuser provides additional evidence, such as text messages, social media messages, or screenshots, which can be taken out of context.
It’s important to remember that Title IX investigations are usually only launched to identify evidence to use against the accused, not to find them innocent.
Common Reasons for False Allegations of Title IX Violations
To best defend yourself against false allegations of Title IX violations, it’s crucial to understand why these allegations may arise in the first place. Common reasons people may make up or exaggerate Title IX allegations include the following:
- Misunderstanding: Misunderstandings can arise around sexual encounters, which is why many schools require affirmative consent. In cases involving sex harassment, the accuser may have misinterpreted actions or comments.
- Revenge: Jilted lovers or others may accuse the respondent of sexual assault or other misconduct as a way to seek revenge.
- Intoxication: Consent is never conferred when a party is incapacitated. However, a student can confer consent if intoxicated.
An experienced attorney can review the formal complaint, the investigation report, and other evidence to identify possible motivations for false accusations.
Are There Other Consequences for Making False Allegations?
Colleges and universities may have their policies regarding dishonesty. For example, some educational institutions may have codes of conduct or other official policies that allow them to discipline students who provide false information or testimony during an official investigation. The consequences could vary and include such measures as placing them on academic probation, dismissing them from employment on campus, suspending them, or even expelling them.
Legal Recourse for the Falsely Accused
If you have been falsely accused of violating Title IX, your immediate response should be to fervently defend yourself against the charges. Once you are exonerated, you can consider various legal pathways if you can prove the accused was lying, such as filing a defamation action.
An experienced legal advocate can explore your legal options based on your particular situation.
What to Do If You’ve Been Falsely Accused of Violating Title IX
If you are facing false accusations of violating Title IX, follow these steps to protect your rights:
Do No React Immediately
You might feel compelled to prove your innocence, confront the accuser, and make social media posts about the situation, but this is not prudent. Contacting the accuser could be a violation of any mutual no-contact order that was implemented in your case. Try to stay calm and avoid any immediate reactions. Anything you say during this time could be used against you, so it’s critical that you protect your rights.
Seek Legal Counsel
The sooner you appoint legal counsel to represent you, the better. They can take proactive steps to protect your legal rights immediately. You have a right to a Title IX advisor of your choice. This can be a lawyer who can guide you through the process, explain your legal rights, handle communications with the Title IX coordinator, and take steps to protect you from false accusations.
A lawyer can also explain your legal rights with you, including your right to:
- Know the charges against you
- Present evidence and witnesses in your defense
- Confront your accuser, which may include cross-examining them during an administrative hearing
- An impartial investigation
Your lawyer can also ensure that the school follows its own Title IX policies and take legal action if it doesn’t.
Review the Allegations Against You
Ask for a copy of the report and carefully review the allegations against you. This is the best way for you to determine what you are being accused of and why. Consider your defense to the allegations, such as that the allegations are entirely fabricated, the accuser has an ulterior motive, or information is being taken out of context.
Gather Evidence
Gather and organize the evidence you have, such as:
- Photos
- Video recordings
- Text messages
- Social media messages
- Emails
Provide this information to your lawyer.
Contact KJK’s Student & Athlete Defense Team for a Confidential Consultation
If you or a loved one is facing false accusations under Title IX, reach out immediately for legal help. Contact our law firm today for a confidential case review.