Title IX Defense in Chicago
Serving students & Faculty nationwideIf a college or university receives accusations of sexual assault or sex-based discrimination, Title IX requires that it take immediate action to investigate these claims. Those accused of these offenses must take prompt action to protect their rights and guard against action such as suspension or expulsion.
If your academic career is in jeopardy because of a Title IX allegation of sexual assault, sexual harassment, or domestic violence, you need an experienced defense lawyer. KJK’s Student & Athlete Defense practice group provides holistic legal services surrounding Title IX investigations, including criminal defense, civil litigation assistance, and reputation management. We can safeguard your rights during this difficult time. Contact us today for an initial consultation to discuss your legal rights and options.
How Our Title IX Defense Lawyers Can Help You
Title IX cases are distinct from other types of cases. They are not criminal or civil cases. Instead, they follow a specific administrative format that varies from school to school. A finding of responsibility can derail your academic career and jeopardize your future.
When facing such dire consequences, having an attorney familiar with the legal process is crucial. Our experienced attorneys can help by:
- Explaining the process – A knowledgeable attorney from our firm can review your school’s particular Title IX policy and explain the process ahead. We can ensure you know your rights and alternative ways to resolve the legal issue.
- Assisting you throughout the investigative process – We can participate in the investigative process to the full extent allowed by your school, draft written responses to the school’s inquiries, and conduct an independent investigation to build a solid defense on your behalf.
- Preparing for live hearings – If your school has live hearings, we can help you prepare for them. We can help draft questions to ask witnesses and ensure you know what to expect from this process.
- Protecting your due process rights – We work tirelessly to protect your due process rights and ensure you receive the presumption of innocence.
- Representing you in criminal matters – If the Title IX case has implications for criminal charges, our criminal defense lawyers can advise you on what to do or not do during the Title IX process. We can advise you of ways you can navigate this process without jeopardizing your defense in a criminal case.
KJK’s Student & Athlete Defense practice group has successfully defended clients accused of sexual assault, sexual harassment, and other forms of misconduct in school investigations and disciplinary proceedings. We have represented thousands of students and faculty members in over 190 colleges and universities facing misconduct allegations. You can rely on our extensive experience to guide you during this challenging time.
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What Is Title IX?
Title IX is a federal civil rights law that prohibits sex-based discrimination in educational institutions or programs that receive federal funding. The law was initially enacted to prohibit sex discrimination in education when women and girls were not being admitted to schools or allowed to participate in college athletics because of their sex. Today, it helps ensure students receive an education without being subjected to sexual harassment or sexual violence.
Types of Cases That Fall Within Title IX’s Purview
Title IX cases can take many forms. Title IX explicitly prohibits sexual discrimination. Sexual harassment is a form of sex discrimination and includes acts such as:
- Sexual advances
- Requests for sexual favors
- Unwanted touching of a sexual nature
- Verbal or nonverbal conduct of a sexual nature
Sexual harassment also includes sexual violence, which are sexual acts perpetrated against a person’s will or when they are unable to consent. This may include:
- Rape
- Sexual assault
- Sexual abuse
- Sexual battery
- Sexual coercion
Title IX cases can arise from misconduct by students, professors, school employees, or even third parties.
Steps of the Title IX Process
Title IX regulations require schools, colleges, and universities to take immediate and appropriate action to investigate accusations of alleged misconduct related to sexual assault, dating violence, and sex-based discrimination and harassment. Every school has its own Title IX policy, but the general process involves the following steps:
Complaint and Notification
After the alleged victim or another party reports the Title IX violation, the complainant and respondent are notified of the complaint. The notice describes the allegations, explains the investigative process, and outlines the parties’ essential rights.
Supportive Measures
Supportive measures can be immediately implemented, even before the Title IX allegations are investigated. These supportive measures could disrupt your studies and life by:
- Forcing you to leave your current dorm if the complainant lives in the same building
- Forcing you to change classes if you share a class with the complainant
- Causing you to lose an on-campus job, change shifts, or switch locations if the complainant works nearby
- Causing you to take a leave of absence from school
An experienced attorney can ensure you receive the presumption of innocence and shield you from punitive measures.
Title IX Investigation
The Title IX coordinator assigns an investigator to the case. The investigator interviews the complainant and the respondent. A Title IX defense attorney can help you prepare for your interview.
The investigator may also interview other witnesses who may have seen some of the events described in the complaint. The investigator may gather evidence such as:
- Text messages
- Videos
- Social media messages
- Pictures
- Voicemails
- Phone records
The investigator can consider the evidence you submit, which is why it’s important to work with a knowledgeable attorney who can gather evidence that may help you refute the claims or raise viable defenses. Without a lawyer on your side, the investigator may only get one side of the story, and the investigation can take a very skewed path.
Report Findings
The Title IX investigator prepares a preliminary report summarizing parties’ and witnesses’ statements and the evidence. Both parties have the right to review and respond to the investigative report. A Title IX defense lawyer can provide detailed comments about information the investigator got wrong or missed.
Negotiations
Many Title IX cases end with a written agreement. Knowledgeable Title IX attorneys can help negotiate with your school to reach a resolution that protects your future.
Hearing
Not all schools have live hearings. However, if they do, the case may proceed to a hearing if it has not been dismissed up to this point or ended in an alternative dispute resolution. The Title IX rules and regulations dictate how these hearings proceed. Some schools have a single decision-maker, while others have a panel.
Title IX rules are constantly evolving. Previous iterations allowed your advisor to cross-examine witnesses. Current rules require that questions be drafted and presented to the panel to ask witnesses.
Decision
A written decision will be made after the hearing, and the result will be explained. If responsibility is found, sanctions may be recommended.
Appeal
Either party can appeal the decision, but grounds for appeal are usually limited.
Chicago Colleges and Universities That Use Title IX Procedures
Any educational institution that receives federal funding is subject to the terms of Title IX. In Chicago, this includes the following educational institutions:
- Northwestern University
- University of Chicago
- Loyola University
- DePaul University
- Illinois Institute of Chicago
- Columbia University
- Roosevelt University
If you are facing Title IX violations at any of the schools listed above, contact a Title IX defense lawyer immediately.
Possible Consequences If You Are Accused of Title IX Violations
Serious consequences can result if you are found responsible for violating Title IX, including:
Academic Consequences
Many Chicago schools have increased mandatory penalties for students found responsible for violating Title IX, including a two-year suspension for violating the sexual violence policy and a one-year suspension for other acts of sexual misconduct. Egregious violations may subject you to expulsion, which can torpedo your academic career. Suspensions and expulsions will appear on your college transcripts, making it difficult for you to transfer to another school to complete your studies.
Other academic consequences include:
- Loss of financial assistance
- Disqualification to participate in collegiate sports
- Loss of student housing
- Loss of employment
- Removal from leadership positions and organizations
Criminal Consequences
Many Title IX cases involve allegations of conduct that rises to the criminal level. Our criminal defense attorneys can help if you are accused of sexual assault or related criminal charges.
Civil Consequences
Nothing in Title IX precludes a complainant from filing a civil lawsuit against you. We can assist with all aspects of civil litigation arising out of Title IX complaints.
Building an Effective Defense Strategy in a Title IX Case
If you are facing Title IX allegations, the first step to building a strong defense is choosing an experienced student and criminal defense attorney. Our student defense team understands the nuances of these cases and how Title IX cases can affect criminal proceedings.
Steps we can take to build an effective defense in your case include:
Gather Evidence
Our lawyers and investigators can gather evidence to help aid in your defense. This evidence may contradict the claimant’s version of events, establish your innocence, or question the veracity of the allegations against you. Depending on the circumstances, evidence could include communications between you and the complainant, witness statements, or objective scientific evidence.
Challenge Credibility
An effective defense strategy may be to cast doubt on the complainant’s credibility or the witnesses they bring forth to support their case. They may have ulterior motives to make allegations against you. Their statements could be inconsistent. An experienced attorney can review the statements against you, interview transcripts, and other communications to find and emphasize these inconsistencies and contradictions.
Protect Your Rights
Without an experienced Title IX defense lawyer on your side, the school may fail to provide you with the proper due process. It may fail to provide you with proper notice or an explanation of your rights. It may impose punitive interim measures. Your lawyer can protect your rights at every stage of the case.
Minimize Penalties
Even if there is ultimately a finding of responsibility against you, an experienced lawyer can help mitigate the effect these penalties have on you.
Appeal Adverse Decisions
If an adverse decision is reached against you, your lawyer can explore options for appealing the decision. Your lawyer can review the investigation process, identify procedural errors or biases, and make arguments according to your school’s appeal policies.
Contact Our Legal Team for a Confidential Consultation
If you’re facing Title IX allegations, KJK’s Student & Athlete Defense practice group can provide the high-quality legal representation you need. We have over 60 years of experience defending students and faculty members across the United States. Contact us today to take the first step toward protecting your future.
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Testimonials
We will be forever grateful to you for engaging with us to assist our son...
Kristina and Susan are very competent ...
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!
You are the utmost professional counselor...
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K-12 Student DefenseKJK’s Student & Athlete Defense practice group is here to protect your child’s future. Defending students of all ages, our team is here to make sure your family is given fair treatment when it comes to disciplinary actions issued by your school district.
Title IX
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