Title IX Defense in Wisconsin
Serving students & Faculty nationwideHave you or your child been accused of sexual assault on a college campus or other sexual misconduct as part of a Title IX case? If so, the experienced legal team at KJK Student & Athlete Defense can help. We can investigate the charges against you or your child, explain your legal rights, and take steps toward protecting your future. Contact us today to get started with a confidential case review.
What is Title IX
Many people have never heard of Title IX until they are accused of violating it. Title IX is a federal law passed to prevent sexual discrimination, harassment, and misconduct in educational settings that receive federal funding. All public and private colleges, universities, and K-12 schools in Wisconsin are subject to the provisions of Title IX. If they don’t comply, they risk losing their federal funding. This serious consequence often motivates educational institutions to rush to conclusions in these sensitive matters, trampling on the accused’s rights in the process.
Under Title IX’s purview, educational institutions must investigate complaints of alleged violations of Title IX, prevent harassment from recurring, and remedy the situation if these events occurred.
While Title IX is a federal law, each educational program and school is responsible for creating and abiding by its own Title IX policy. This makes every Title IX case unique. Schools, colleges, and universities must investigate allegations of sexual assault, sexual misconduct, and sex crimes that occur on campus or school-sponsored events. While Title IX can sometimes involve matters that are criminal in nature, Title IX is a separate administrative process. However, it is not an exclusive remedy, so it is possible that someone can face Title IX allegations while having to defend themselves in criminal or civil court at the same time.
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Common Title IX Cases
Many schools allow students accused of sexual misconduct or other Title IX violations to have an advisor. The experience and knowledge of a Title IX advisor can significantly impact your case. With knowledgeable legal representation, you can make informed decisions about how you want to respond to the allegations and mount a strong defense.
Title IX lawyers can help by:
- Reviewing the allegations against you
- Consulting with you to get your version of events
- Explaining your rights under Title IX and ensuring they are protected
- Conducting an independent investigation to gather evidence that supports your version of events
- Interviewing potential witnesses
- Representing your interests at interviews and hearings to the extent allowed by law
- Negotiating an informal resolution when possible
- Preparing you for a hearing if your school allows one
- Advising you on your appeal options, if applicable
- Filing lawsuits when your rights are not respected
Title IX is a complex federal law, and rules are constantly changing, so it’s important that you hire a lawyer who is familiar with the current state of affairs. The nationally recognized law firm of KJK Student & Athlete Defense monitors recent developments involving Title IX and provides dedicated legal representation to the accused, ensuring that your rights are protected at every stage.
Common Title IX Cases
Wisconsin law provides for various types of legal cases after a formal Title IX complaint, including:
- Dating violence: This is considered a potential Title IX case when the violence is “committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant,” which is determined by considering the type of relationship, length of the relationship, and the frequency of interaction between the parties.
- Domestic violence: Wisconsin law defines this term for the purposes of Title IX as “felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitation with the complainant as a spouse or intimate partner, by a person similar situated to a spouse of the complainant under the domestic or family violence laws of Wisconsin, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of Wisconsin.”
- Sexual assault: For these purposes, sexual assault includes rape, statutory rape, fondling, or incest.
- Sexual exploitation: Sexual exploitation means “attempting, taking or threatening to take, nonconsensual sexual advantage of another person.”
- Sexual harassment: Sexual harassment includes quid pro quo harassment in which sex is exchanged for favorable treatment or “unwelcome conduct of a sexual nature” that involves conduct that is so “severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution’s education program or activity.”
- Stalking: Stalking is defined as “engaging in a course of conduct directed at the complainant that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.”
Possible Consequences If You Are Found Responsible for Violating Title IX
Even though Title IX cases are separate from criminal proceedings, the consequences of a finding of responsibility under Title IX can have a long-lasting impact on the accused’s future. Possible sanctions include:
- Suspension or expulsion: Students can be suspended or expelled from school if they are found responsible for violating Title IX. This can make it difficult or impossible to finish an educational program, potentially changing the entire trajectory of the student’s future. The findings can be included in the student’s disciplinary record if they try to transfer schools or apply to other educational programs.
- Revocation of degrees: Students who have already graduated could have their degrees retroactively stripped from them.
- Housing changes: Students who live on campus may be forced out of student housing altogether or required to move to a different residence hall to accommodate the accuser or abide by the terms of a no-contact order.
- Schedule changes: Students may be required to change their class schedule or work schedule. This could interfere with their studies or make it difficult to stay on track for graduation.
- Job loss: Faculty members, administrators, or school staff could be fired or lose tenure. Students working on campus could also be dismissed from these positions. Future employers could be alerted to the allegations due to negative marks in the student’s transcript.
- Removal from sports teams or college organizations: Students could be removed from college sports teams or student organizations. They could lose access in a way that limits their leadership opportunities, community involvement, and social network, key features of the college experience.
- Loss of scholarships or financial aid: Students could lose academic scholarships and athletic scholarships. They could also have their financial aid revoked, making it nearly impossible for them to continue their education.
Due to the dire nature of these potential consequences, affected students should seek legal counsel immediately to protect their future.
The Title IX Process in Wisconsin
Because every college and educational program has its own unique process of handling Title IX allegations, the process can vary from one institution to the next. Most schools here follow this process, though the details can differ:
- Complaint: The Title IX process officially begins when someone files a complaint with the school. This could be the alleged victim, a faculty member, or another individual. The case may initially go to the Title IX coordinator for a preliminary review to determine if Title IX violations have been alleged.
- Notice of complaint: The respondent receives an official notice of the investigation, notifying them of the complaint against them, summarizing the allegations, and receiving a written explanation of rights. This notice might also explain the next steps in the Title IX investigation process.
- Investigation: The school conducts an investigation through an internal investigator or a third party that it outsources this responsibility to. The investigator may interview the person making the complaint and the accused, as well as other witnesses that either party identifies. They may also collect evidence, including copies of text messages and social media messages. The investigator is a neutral party who is not supposed to advocate for either side.
- Investigative report: The investigator may prepare an investigative report that summarizes their findings, statements that the parties made, and evidence that they collected. The school may issue sanctions at this point if it concludes that there has been a violation of Title IX, or the case may continue to a hearing.
- Hearing: Some schools may offer a hearing process in which both parties have the right to present their case to a neutral factfinder or panel. The hearing may work similarly to a trial, but is less formal. At the conclusion of the trial, the hearing officer or panel renders a decision.
Colleges and Universities in Wisconsin
Wisconsin has 85 colleges and universities listed under the Carnegie Classification of Institutions of Higher Education, with the University of Wisconsin and other institutions having several separate campuses. These educational institutions include:
- Alverno College
- Bellin College
- Beloit College
- Blackhawk Technical College
- Bryant & Stratton College–Wauwatosa
- Carroll University
- Carthage College
- Chippewa Valley Technical College
- College of Menominee Nation
- Concordia University Wisconsin
- Edgewood University
- Fox Valley Technical College
- Gateway Technical College
- Herzing University
- Lac Courte Oreilles Ojibwe College
- Lakeland University
- Lakeshore Technical College
- Lawrence University
- Madison Area Technical College
- Maranatha Baptist University
- Marian University
- Marquette University
- Medical College of Wisconsin
- Mid-State Technical College
- Midwest College of Oriental Medicine-Racine
- Milwaukee Area Technical College
- Milwaukee Institute of Art & Design
- Milwaukee School of Engineering
- Moraine Park Technical College
- Mount Mary University
- Nashotah House
- Nicolet Area Technical College
- Northcentral Technical College
- Northeast Wisconsin Technical College
- Northwood Technical College
- Ottawa University–Milwaukee
- Rasmussen University–Green Bay
- Ripon College
- Sacred Heart School of Theology
- Southwest Wisconsin Technical College
- St. Norbert College
- Viterbo University
- Waukesha County Technical College
- Western Technical College
- Wisconsin Lutheran College
- Wisconsin Lutheran Seminary
- Wisconsin School of Professional Psychology
- Wisconsin University
Contact KJK Student & Athlete Defense for a Confidential Case Review
When your future is at stake, you need a strong legal advocate to stand by your side and guide you through the legal process. The legal team at KJK Student & Athlete Defense is dedicated to protecting your future. Contact us today to get started with a confidential consultation.
Peer Advice
A Client’s Tips For Facing A Title IX Investigation
I OFFER THE FOLLOWING TIPS
For students who may be involved in a Title IX or related matter, I offer the following tips. First, I recommend that you call a Title IX lawyer before you make any other move. Following that step, one should consider staying away from public statements on the matter. I also recommend that this public silence be countered with engagement in therapy and frequent self-care. Similarly, reach out to the appropriate contact at your school to coordinate supportive measures so that you may continue with your academics. Establishing a list of hobbies and rituals to ground myself was incredibly helpful throughout the ups and downs of the case.
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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!
I was a member of a fraternity at a public university...
that was kicked off campus for reported hazing. My involvement with the fraternity was unaware of any misdeeds being done, and was shocked when the school charged me with failure to report hazing. That’s when I contacted Susan and Kristina, who were extremely helpful and wonderful to work with. Thanks to them they helped guide me through collecting proof of my innocence, which ended up leading to the result we wanted of no charges against me. I highly recommend their service to anyone who might need it!
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