Title IX Defense in Colorado

Serving students & Faculty nationwide

Facing Title IX accusations is a serious matter. Even a mere accusation can bar you from your degree program and ability to complete your education. If you’re facing allegations of violating Title IX’s mandates prohibiting sex harassment, sexual discrimination, or other sexual misconduct, you need an experienced attorney in your corner. 

 

At KJK Student & Athlete Defense, we focus exclusively on education law. We have successfully represented individuals, schools, and universities against Title IX claims. We are dedicated to defending the rights of students and preventing severe consequences, such as suspension, expulsion, or a damaged academic or professional reputation. Contact us today for a confidential consultation. 

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Title IX

Why Do I Need a Title IX Defense Lawyer?

The penalties for a finding of responsibility under Title IX are severe and can derail your life. It’s crucial that you take these allegations seriously because the school will be. Under Title IX, schools, colleges, universities, and other recipients of federal funding must take action immediately after receipt of a complaint of sexual harassment, sex-based discrimination, or other prohibited conduct. 

If it fails to do so, it can face fiscal penalties imposed by the government. The school will likely begin the investigative process immediately, so you need to be mounting a defense at the same time.

Title IX is unique because it does not provide for the same due process rights as criminal charges based on similar conduct. College administrators can penalize alleged offenders and limit the information they provide them to use in their defense. 

Additionally, many people find the Title IX process imbalanced despite the presumption of innocence. Schools may feel pressured by society to punish someone accused of misconduct on their campus rather than trying to provide an equal legal footing to claimants and respondents. 

What Is Title IX?

Title IX is a federal law prohibiting sex-based discrimination in educational programs or activities that receive federal financial assistance. It applies to all colleges and universities that receive federal funding, including the University of Colorado, Colorado State University, University of Colorado Boulder, University of Colorado Colorado Springs, University of Colorado Denver, University of Northern Colorado, and the Colorado Community College System. 

It also applies to all public and private elementary and secondary schools that receive federal funds. Even if you attend a private college, if the college receives federal funds, it must comply with and enforce Title IX provisions. 

Title IX actions occur on the collegiate level, but they don’t preclude the filing of criminal charges. If you are the subject of a Title IX investigation, you may also be the focus of a criminal investigation based on similar facts. If you are facing criminal charges based on similar allegations, it is important you work with a lawyer who is experienced in both realms and can advise you on what you should say and do (and not say and do) during the Title IX proceedings.

What Does Title IX Prohibit?

Title IX prohibits discrimination based on sex, including:

  • Sexual harassment
  • Sexual violence
  • Rape
  • Sexual assault
  • Sexual battery
  • Sexual coercion
  • Sexual exploitation
  • Sexual harassment 

Possible Penalties for Title IX Violations

Even though Title IX penalties are limited to sanctions at your college or university, these can still have a lifelong impact. You can be suspended or expelled, ruining your academic trajectory. If you have already earned your degree, the college or university can retroactively withdraw it. You can be subject to a no-contact order and have your extracurricular activities and leadership positions taken away. You can also lose financial aid, making you unable to afford your education. 

Title IX allegations can also subject you to social stigma. Other people may judge you before you have had the opportunity to defend yourself. You could also have a school transcript that documents these sanctions. The allegations you are facing now could prevent you from getting a job you want or entering into a competitive academic program.

What Rights Do I Have Under Title IX?

If you are the respondent in a Title IX action, it’s crucial that you understand the legal rights afforded to you. The United States Department of Education enacted new rules effective August 1, 2024, that have significantly altered the rights of respondents accused of sexual misconduct. Here are important rights you have if you are the subject of a Title IX complaint:

The Right to Notice of the Allegations Against You 

You have the right to be notified of the allegations against you and the accuser’s identity. The school must provide you with sufficient time to prepare a response before any initial interview. 

The Right to an Advisor of Choice

You have the right to an advisor of your choice, who may be a Title IX defense attorney. This person can help you navigate the Title IX investigative and hearing process and defend you against the allegations. 

The Right to Present Relevant and Admissible Evidence

You have the right to present relevant and admissible evidence throughout the Title IX investigative process. A trained and impartial investigator investigates the allegations. 

The Right to Notice of Meetings 

Your school must give you written notice of the date, time, location, participants, and purpose of all meetings and proceedings during the Title IX investigative process with sufficient time for you to prepare to participate. Your school must provide you with the same opportunity to be accompanied to any of these meetings or proceedings by your advisor of choice, but the school can restrict how your advisor can participate. 

The Right to an Investigative Report

Under the former Title IX rules, you were allowed access to the entire investigative file. However, the new rules limit your access to the investigative report that summarizes the evidence collected in the investigation and statements by the parties and witnesses. You also have the right to access the evidence. 

The Right to Respond to the Investigative Report

You also have the right to review and respond to the evidence and the investigative report before there is an official finding of whether a sexual misconduct allegation was found to have occurred.

The Right to the Presumption of Innocence

The school must presume you are not responsible for any allegation of sex-based harassment until the conclusion of the grievance procedures.

The Right to a Support Person

If the school’s grievance procedures allow the claimant to have a support person present during meetings or proceedings, they must provide you with the same opportunity. 

The Right to Review Evidence Before a Live Hearing

The new Title IX rules allow schools to abolish live hearings, whereas the old rules allowed for a right to a hearing and cross-examination. If your school has live hearings, you have the right to review the evidence before the hearing. During the hearing, a decisionmaker asks questions of you, the claimant, and witnesses. If your school does not allow live hearings, it must allow the investigator or decisionmaker to ask questions during individual meetings with parties and witnesses.

The Right to Prepare Questions

If your school has a live hearing, you have the right to propose questions you want the decision-maker to ask during the hearing. If there is no hearing, the investigator or decisionmaker may ask these questions during individual meetings with parties or witnesses. The school must also provide you with an audio recording, audiovisual recording, or transcript of this information with sufficient time to propose follow-up questions. 

The Right to Present Evidence 

You have the right to present fact witnesses and evidence in your defense to show you were not responsible for violating Title IX.

The Right to Protected Medical Information 

During the investigation, the school may come into possession of private medical or psychological records. It is not permitted to access your private records or use them in the proceeding unless you provide voluntary, written consent.

The Right to Notification of the Decision 

You have the right to be notified of the decision made in the case, including whether there is a finding of responsibility, the complaint was dismissed, or the allegations were determined to be unfounded. You also have the right to be notified of the appeal process and grounds for appeal if you disagree with the decision. 

Contact Our Experienced Title IX Defense Lawyers in Colorado

If you believe you’re under investigation for a Title IX allegation of sexual misconduct or have received official notice that you are, reach out to the legal team at KJK Student & Athlete Defense. When your future is at stake, it’s vital you work with an experienced Title IX attorney who can independently investigate the claims against you, advise you of your legal rights and options, and defend you against baseless accusations. We have defended countless individuals in the same position as you. Contact us today to schedule a consultation. 

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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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Testimonials

We will be forever grateful to you for engaging with us to assist our son...

We cannot thank you enough for your prompt and professional services on our behalf. You accomplished an amazing feat in just a few months. We are so grateful. You followed up on every issue and kept us informed throughout the process. It has been wonderful working with such competent attorneys as you have been. We will be forever grateful to you for engaging with us to assist our son in this most difficult situation.

Kristina and Susan are very competent ...

and experienced attorneys in Title IX and higher education law who treat their clients with integrity and compassion. Highly recommend this team!

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...

On behalf of my family and me, I would like to thank you for the excellent guidance you provided to us. You are the utmost professional counselor. We are grateful for your expertise during a difficult time.

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KJK’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. 

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Title IX

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Understanding Title IX Penalties: What You Need to Know

Understanding Title IX Penalties What are Title IX penalties? Students found responsible for Title IX violations face a wide array of penalties, ranging in severity depending upon the nature of the sexual misconduct. Because sanctions for Title IX violations can...

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