Title IX Defense in Hawaii

The Title IX Process

Title IX policies are created for each educational institution, so the process can vary from one school to the next. The general process involved in a Title IX case includes the following:

• Explanation of rules, rights, and procedures under Title IX after hearing accusations
• Creation of a formal complaint that outlines the alleged misconduct
• Investigation into the allegations, which may involve taking physical evidence, interviewing the parties, identifying additional witnesses, and examining digital evidence
• Completing a report on the findings
• Allowing the parties to provide feedback on the findings
• Providing a hearing (not required but included as part of the process in many schools)
• Determining responsibility
• Imposing sanctions if there is a finding of responsibility

For many Title IX cases, there is a criminal investigation from the local police department that is happening concurrently. For this reason, it’s crucial to work with an attorney who understands Title IX and criminal law. It’s also worth noting that Title IX is not an exclusive remedy; the accuser can file a civil case against the defendant for the same actions.

Common Allegations Under Title IX

College campuses can face Title IX accusations when they take part in systemic gender-based discrimination or fail to investigate allegations. When a student or faculty member is accused of violating Title IX, this is usually because they are alleged to have committed acts such as:

• Discriminating against students due to their sex, gender, sexual orientation, gender identity, or parenting status
• Sexually harassing another student
• Committing sexual assault or having sexual contact with someone without affirmative consent 
• Committing dating violence, domestic violence, or stalking against a college student on campus
• Retaliating against individuals who report or participate in Title IX investigations

If you’re facing any accusations under Title IX, you should contact an experienced lawyer immediately.

How a Title IX Defense Lawyer Can Help 

Students who are accused of violating Title IX have the right to select an advisor of their choice. Your advisor can explain Title IX procedures to you and be with you throughout each step of the process. 

At KJK Student & Athlete Defense, our legal services are two-fold: we help throughout the Title IX hearing and defend you in criminal court, if applicable. Knowing how to navigate the process in both systems is essential to ensuring that you do not harm either case based on your conduct. We have extensive experience handling Title IX cases, including those that result in criminal charges.

When you hire us to serve as your Title IX advisor, we can help by:

• Revising the nature of the allegations against you
• Listening to your side of the story
• Developing a legal strategy based on the particular facts involved in your case
• Requesting copies of all documentation related to the case
• Conducting an independent investigation into the accusations
• Reviewing your school’s specific policies and processes and explaining them to you
• Discussing the potential consequences if you are found responsible for violating Title IX
• Seeking to dismiss the case, when possible, or engaging in an informal resolution to protect your future
• Explaining your rights under your school’s code of conduct and Title IX
• Participating in investigations, interviews, and hearings to the extent possible
• Preparing you for the hearing and the questions you will be asked and can ask the accuser, if applicable 
• Protecting you from claims of retaliation
• Assisting in helping to protect your reputation online
• Protecting your due process rights
• Preparing an appeal, when necessary

Our Title IX defense lawyers are here to help you during this confusing time. Reach out today to schedule a confidential consultation with our legal team.

Colleges and Universities in Hawaii 

Hawaii is a highly sought-after location for students who want to enjoy the outdoors while acquiring an education. Colleges and universities throughout Hawaii include the following:

• Akamai University
• Atlantic International University
• Brigham Young University – Hawaii
• Chaminade University of Honolulu
• Hawaii Pacific University
• Hawaii Community College
• Hawaii Tokai International College, Kapolei
• Honolulu Community College
• Institute of Clinical Acupuncture and Oriental Medicine
• Kapiolani Community College
• Kauai Community College
• Leeward Community College
• University of Hawaii
• Windward Community College

If you attend or work at any of these colleges or universities and are facing Title IX charges, contact us today for a confidential case evaluation. 

Potential Problems the Accused Can Face During Title IX Procedures

While Title IX cases can potentially involve related criminal charges, the two systems are very different. In criminal court, centuries of jurisprudence have shown the importance of not perceiving a criminal defendant’s guilt until there is a finding of guilt under the law. Criminal defendants’ rights are a primary focus of state and federal constitutions. 

In a criminal case, the criminal defendant is read the charges against them, given an opportunity to plead, and allowed to participate in many aspects of the criminal case. If they are found guilty, they can face serious penalties, such as imprisonment. 

In a Title IX case, many accused individuals feel that they are not given a fair opportunity to explain their version of events. They may be informed of the charges against them, but they don’t have a right to confront their accuser. Oftentimes, schools and universities are more concerned about protecting the accusers’ rights instead of the accused’s. 

The evidence necessary to find responsibility under Title IX is usually by a preponderance of the evidence, meaning that the facts are more likely than not, as the accuser alleged. This burden of proof is much lower than the proof beyond a reasonable doubt standard used in criminal cases. 

Because Title IX involves an administrative process, the accused has fewer rights than if they were involved in a criminal case. Because schools can face financial sanctions for violating Title IX, they often use a speedy administrative process to resolve the case, which can leave the accused without sufficient time to prepare a defense. Schools might also be concerned about acquiring a reputation as an institution that does not take claims of sexual misconduct seriously, so they may be overzealous in how they respond to unsubstantiated reports. 

It’s not uncommon for someone accused of violating Title IX to face serious consequences without solid evidence. Some college administrators believe the allegations in a complaint before they ever investigate misconduct.

The rules regarding Title IX hearings have also recently changed. A student’s advisor no longer has the right to cross-examine the accuser or witnesses. Instead, they can help prepare a list of questions to ask at a hearing, but this does not have the same dynamic as a real-time interaction. 

Potential Penalties for Violating Title IX

If you are found responsible for violating Title IX, you can face serious consequences, such as:

• Expulsion
• Suspension
• Revocation of a college degree
• Job loss 
• Loss of tenure
• Losing financial aid, academic scholarships, and athletic scholarships
• Being forced to quit a college sports team, club, or organization
• Having to step down from leadership positions on campus

Even if you are ultimately not found responsible for violating Title IX, you can still face adverse effects on your education and social life due to the accusations and so-called supportive measures that are used throughout the process, such as:

• Having to leave a shared dorm
• Having to adjust your work hours or find new work on campus
• Having to see the accuser escorted by campus security
• Having to change your class schedule so you and the accuser don’t have to interact

To avoid these adverse consequences and to protect your future, you need a skilled Title IX defense lawyer on your side. 

Contact KJK Student & Athlete Defense for Legal Help and Representation

If you are facing accusations of sex-based discrimination, sexual harassment, or other acts prohibited by your school’s Title IX policies, you need an aggressive lawyer on your side who can advocate for you. We can review the details of your case, conduct an independent investigation, and explain your available legal options. When you’re confronting an entire educational institution, having an advocate on your side can help level the playing field. 

At KJK Student & Athlete Defense, we know the high stakes involved in your case. We care about you and protecting your future. We are here to guide you throughout each step of the process and will do so while treating you with respect and dignity. Contact us today for a confidential consultation.