Title IX Defense in California

Any educational institution that receives federal funds must comply with Title IX, including primary schools, secondary schools, colleges, universities, technical education programs, and vocational schools. While the law applies to schools, colleges, and universities that receive federal funding, it can also apply when the program itself rather than the educational institution is a recipient of federal funds.

Title IX encompasses a broad range of prohibited conduct, including:

Sex Discrimination 

A major reason for implementing Title IX was to provide equal opportunities in athletics. Educational institutions are required to provide male and female student-athletes equal opportunities. They must provide equal funding to support men’s and women’s sports teams, equal access to practice and competitive facilities, and equal treatment regarding coaching and scholarships. Educational institutions that fail to uphold these requirements can face Title IX charges.

Sex discrimination can also occur when a school discriminates against a pregnant student, such as refusing to allow a pregnant student to return to school after giving birth. Schools must treat pregnant students the same way as they do students with other temporary disabilities. 

Sexual Harassment 

Sexual harassment is unwelcome conduct of a sexual nature, which may include:

• Unwanted sexual advances
• Using sexually-related offensive language
• Making suggestive comments
• Making sex-based derogatory comments or jokes
• Unwanted touching of another person in a sexual manner
• Quid pro quo harassment 
• Publicly showing images or videos of a sexual nature 

One form of sexual harassment is permitting or creating a hostile environment, which is when sexual harassment is so pervasive or severe that it interferes with a student’s ability to participate in or benefit from an educational program or activity. 

Sexual Assault 

A student can be charged with a Title IX violation if they subject another student to unwanted sexual contact, sexually assaulted them, or raped them. 

Colleges and other educational institutions that fail to investigate reports of sexual assault can also be charged with violating Title IX. Those institutions subject to Title IX are required to conduct a fair and impartial investigation, provide interim support measures to alleged victims, and take appropriate disciplinary action. 

Dating Violence 

Dating violence involves physical violence between intimate partners. 

If you are facing allegations of violations of Title IX, you have the right to choose an advisor. Many schools take swift action following an allegation of sexual misconduct, but this can result in unfair or biased actions taken against the accused. An advisor can safeguard your rights. 

When your advisor of choice is a lawyer, you have the added benefit of knowing how Title IX proceedings can affect your legal rights in related cases, such as a criminal case or personal injury case predicated on the same facts as those involved in the Title IX investigation process. 

The KJK’s Student & Athlete Defense team has extensive experience handling Title IX cases. Our firm’s co-chair and partner, Susan Stone, was named Best Lawyers’ 2025 “Lawyer of the Year” in the Education category. Only one attorney can receive this distinction in each category. Selections are based on the highest peer reviews in the category. When you hire our experienced attorneys, we can help by:

• Explaining your legal rights and options
• Participating in the investigative process
• Ensuring you receive due process
• Challenging impermissible evidence
• Advising you of the best course of action 

Contact us today for a confidential consultation to discuss how experienced legal counsel can make all the difference in your case. 

Under Title IX, you are entitled to due process rights, which ensure fair treatment and give you the chance to defend yourself. Right under Title IX include:

• The right to a fair investigation by an impartial investigator
• The right to know the accusations made against you
• The right to an advisor of your choosing
• The right to a fair hearing before a neutral decision-maker
• The right to appeal an adverse decision 

Our legal team will work tirelessly to ensure your rights are upheld at all stages of the disciplinary process. 

A critical component of the Title IX process is the investigation. Once an educational institution receives a report of sexual discrimination, harassment, or other prohibited conduct, it must immediately respond. The alleged victim is afforded various types of interim measures to protect their safety and ensure they can continue with their educational program. The school assigns a neutral investigator to determine if the respondent, the accused, is responsible for the alleged misconduct. 

Schools pass their own policies regarding Title IX investigations. An investigator may request evidence from the parties, such as text messages, pictures, or videos. The parties may be asked if other people were present to observe the conduct in question. The investigator may interview these individuals. 

The accused has the right to be present at these interviews and to have their advisor with them. However, the advisor cannot interfere with the investigative process. 

The investigation aims to determine if someone has violated the school’s Title IX policy, not necessarily whether any criminal conduct occurred. However, the investigator can refer the case to law enforcement for criminal prosecution if criminal conduct may be involved. 

As the respondent, you have the right to review the information included in the investigator’s report. If you believe the information is incorrect, you can respond to it. 

The experienced defense attorneys at KJK’s Student & Athlete Defense can assist throughout the investigation process. We can guide you on how to handle the interview with the investigator. In some cases, such as if the situation may lead to a criminal investigation, we may advise you not to participate in an interview. Our Title IX defense lawyers can review the findings of the investigator’s report, describing the evidence and the allegations against you. We can also walk you through your legal options for challenging the accusations. 

Title IX provides respondents with the right to defend themselves during a hearing. Each party has the right to have an advisor of their choice, which can be a criminal defense attorney. 

The hearing process is similar to one involving criminal proceedings. The parties may have opening statements, testimony, witnesses, evidence, and closing arguments. At the conclusion, the decision maker determines if the respondent was responsible for violating Title IX. 

Our legal team can represent your interests during these proceedings. We can explain your institution’s policies, the standard of proof, and your legal rights during them. Let us safeguard your rights and future. 

Title IX cases may sometimes involve the same types of actions that can result in criminal charges, but they are very different. Some of the key differences include:

• The investigative process – Title IX cases involve an investigative process conducted by a regular person, not a police officer. This increases the likelihood that some of your basic rights may be violated during the process since professionals who have to follow strict protocols regarding evidence gathering and collection are not involved.
• Responsibility vs. criminal liability – After a Title IX investigation, the investigator determines whether you are “responsible” for violating the school’s policy. This is much different than a judge or jury determining whether you are guilty of committing a crime. 
• Standard of evidence – Title IX cases only require proof by the preponderance of the evidence, which means that the facts are more likely than not as the accuser alleges. In criminal cases, the burden of proof is much higher, proof beyond a reasonable doubt. 
• Potential consequences – Title IX cases involve schools, universities, and other educational institutions. The possible sanctions are limited because they only represent the adverse actions that schools can impose. Criminal cases can result in imprisonment, fines, and other serious penalties imposed by the court. 

At KJK’s Student & Athlete Defense, our lawyers have extensive experience handling Title IX cases and other cases involving allegations of sexual misconduct. We can explain how a Title IX case may affect your other legal rights. 

There may be alternatives to the Title IX investigation process, depending on your school’s policies. For example, you may be able to participate in mediated negotiations to reach an amicable resolution with the complainant. Our legal team can review the possibilities, advantages, and disadvantages of these alternatives. 

Title IX legal actions can result in serious consequences to students and faculty, including:

• Loss of scholarships
• Loss of housing
• Loss of student accommodations
• Removal from positions of leadership
• Expulsion from school
• Suspension
• Job loss 
• Removal from extracurricular activities 
• Degree revocation

When your entire future is on the line, it’s pivotal that you have a legal advocate in your corner. 

Here are the steps you should take when you are accused of sexual harassment, sex discrimination, or other Title IX violations:

• Hire an experienced lawyer – Look for an attorney with direct experience handling Title IX proceedings. 
• Do not contact the accuser – Do not try to clear your name or defend yourself to the accuser. Your school will likely implement a no-contact order immediately before any findings are even made against you. 
• Read the charges against you – Carefully review the allegations against you. 
• Gather evidence – You have the right to defend yourself. Start assembling evidence to establish your claims, such as text messages, DMs, posts on social media, phone logs, emails, pictures, videos, or other evidence that could aid your defense. Provide this information to your lawyer, who can give the investigator the evidence that is best targeted to help you. 
• Do not speak to others about your case – Do not talk to friends, family members, school officials, professors, or others about your case. Exercise your attorney-client privilege, and only speak with your lawyer about your case.
• Make a list of witnesses – Give your attorney a list of witnesses who may be able to corroborate your side of the story.
• Preserve evidence – If you have evidence that may help you, make sure you take the steps necessary to preserve it. Some social media posts or messages may disappear after a limited time. Video surveillance footage may be automatically erased after a short period of time. 

If you are facing accusations of sexual violence, gender discrimination, harassment on the basis of sex, or other Title IX violations, KJK’s Student & Athlete Defense team is here to help. Our law firm focuses on disciplinary actions concerning students and other educational cases. We can explain your legal rights and options during a confidential case review. Contact us today to learn more.