Title IX Defense in Arizona

Why Choose Kohman Jackson & Krantz for Your Defense 

Under Title IX rules, you have the right to an advisor for your personal selection. Some of the reasons why we believe you should choose the KJK Student & Athlete Defense team include:

• We are knowledgeable – Title IX proceedings are different from any other type of legal proceeding. The individual school’s policies largely dictate the disciplinary process. 

• We are experienced – Our lawyers have extensive experience handling Title IX proceedings, special education, and other education laws. Our experienced attorneys have represented students and faculty at colleges and universities nationwide, including in Arizona. 

• We have a track record of success – Despite the imbalanced nature of Title IX proceedings, our law firm has achieved successful outcomes in many of these cases. We zealously represent your legal interests throughout the entire process. 

• We provide personalized service – When you hire our law firm, you have a team of attorneys at your disposal. We craft legal arguments and defenses that are personalized for your particular case. We can also advise you regarding any parallel criminal investigation. 

• We care – Our lawyers know the stakes involved in the Title IX legal process. We discuss your objectives at the outset of your case and work diligently to achieve them. We don’t want your future derailed because of a misunderstanding. 

What Is Title IX? 

Title IX protects students from sexual discrimination and harassment when they attend an educational institution that receives federal funding. Therefore, the law applies to all public primary and secondary schools, colleges, and universities, private schools that receive federal financial assistance, and educational programs that receive federal funds. 

The law prohibits discriminating against someone based on sex. It began as a way of providing similar funding and financial support to female athletes as their male counterparts and to prevent academic disciplines from excluding or discriminating against women. 

Today’s iteration of the law prohibits all of the following:

• Sexual harassment
• Sexual assault
• Discrimination based on sexual orientation or gender identity
• Sexual violence
• Domestic violence 

The Title IX Investigation Process

Federal law explains what must occur during a Title IX investigation, but schools and universities across Colorado and the nation have their policies, so every case is unique. The general process involves the following steps:

• Notice of investigation letter – You may receive a written notice summarizing the allegations against you and the penalties that apply if you are found responsible for violating Title IX rules. 

• Meeting with a school administrator – You may have an initial meeting with the Title IX coordinator or similar individual who explains the process and Title IX requirements without going into details about the underlying allegations. They can also explain supportive measures.

• Meeting with an investigator – Next, an investigator may reach out to question you about the allegations. You have the right to have an advisor during this investigative meeting. The investigator also interviews the person making the allegations and any witnesses that either of you identify. 

• Preparing reports – The investigator prepares a preliminary report that summarizes the evidence and testimony they have gathered throughout the investigation. 

• Responding to reports – The complainant and respondent have the right to review and respond to the report. They can ask the investigator to gather additional evidence, ask more questions of witnesses, or take other action before finalizing their report. 

• Preparing for a live hearing – Some colleges and universities have live hearings to adjudicate legal findings. If you have a live hearing, your advisor can prepare questions for the decision-maker to ask during the proceedings. You also have a right to request to review the evidence against you.
• Making a decision – The decision maker after reviewing the investigative report or the live hearing decides whether you are responsible or not responsible for the alleged violations of Title IX. Depending on the school’s policy, the case may proceed to an outcomes council to determine the appropriate sanctions, or the decision maker may be responsible for determining sanctions.

Your school will also have an appeals process in which either side can appeal the findings, based on criteria outlined in the school’s policy. 

Before engaging in any of the steps outlined above, speak to an experienced Title IX defense lawyer.

Possible Penalties for Title IX Violations

A finding of responsibility for a Title IX violation can subject you to harsh penalties. You can be removed from your dormitory, sports team, and leadership positions within the college. You can lose your job. You could be suspended or expelled from school for acts you did not commit or with very little evidence against you. 

Title IX violation allegations can also subject you to ridicule from your peers. Other people may believe you are guilty of an offense. In cases involving sexual violence, the matter can be referred to law enforcement, leading you to face criminal charges. 

Problems with the Title IX Administrative Process

While Title IX was passed with good intentions, it is fraught with problems, some of which have only recently emerged with changes that occurred during a previous administration. Schools operate as investigatory bodies with an inherent conflict. If they don’t respond promptly to Title IX allegations, they can face financial sanctions from the federal government. 

Recent changes in Title IX have altered the due process rights afforded to respondents. Respondents used to have the right to a live hearing and the ability to cross-examine the accuser and witnesses through their advisor. Now, many schools have abolished live hearings, providing less opportunity for the accused to defend themselves. Additionally, accused students no longer have the instant right to review the evidence against them and are only allowed as a right to review the investigative summary. 

Many schools and administrators are ill-equipped to conduct neutral investigations that safeguard the rights of the accused as zealously as those of the accusers. Schools may face societal pressure to take a firm stance on any form of sexual misconduct, potentially over-punishing the accused or stripping them of valuable due process rights during the investigative process. 

In many cases involving sexual violence or misconduct, other students, colleagues, and associates of the college get involved and take sides. They may jump to conclusions against the accused rather than waiting for a resolution. Facing this negative social stigma, accused students or faculty members may not understand their rights, trying to clear their name. 

However, information obtained during a Title IX investigation can be referred to law enforcement for a separate criminal proceeding, so the accused must take these matters seriously and work with an attorney who can help safeguard their rights. A lawyer from our firm can help ensure the proceedings are fair and transparent and that your due process rights are respected.

Contact Our Title IX Defense Attorneys in Arizona for a Confidential Case Review 

If you have received notice of Title IX violation allegations against you, your future is too important to leave to chance. At KJK Student & Athlete Defense, we are committed to providing the accused with zealous legal representation to safeguard your future. We can mount a vigorous defense on your behalf, backed by decades of experience working within this nuanced area of the law. Contact our legal team today to discuss your rights.