Title IX Defense in Idaho

Possible Penalties for Violating Title IX

The possible penalties for violating Title IX are far-reaching. They could include suspension or expulsion, which can interfere with your education, make it difficult to transfer schools, interfere with your desire to attend grad school, or receive employment opportunities in the future. Even if the allegations against you are determined to be unfounded, the damage to your reputation could be lifelong. Hiring an experienced attorney is the best way to guard against these potential penalties. 

Idaho’s Pushback Against Title IX Cases

While some states have accepted the more liberal interpretation of a 1970s law designed to protect women from adverse admissions decisions and unequal treatment in college sports to extend protections to LGBTQ individuals, Idaho has not. Idaho Governor Brad Little signed an executive order challenging the Title IX final rule, which provided protections for LGBTQ+ individuals. 

Idaho had already imposed a temporary injunction on the final rule’s implementation in the state. The new executive order stated that the “radical definition of gender” described in the rule would jeopardize protections to female students. It further directed the Idaho State Board of Education to ensure “every female student in Idaho be provided equal opportunity in sports and school to the fullest extent as guaranteed to them under the original Title IX rules and Idaho law. 

Idaho became the first state to pass the Fairness in Women’s Sports Act in March 2020, which prohibits transgender students from competing in athletic teams that align with their gender identities. That law was subsequently paused by the 9th U.S. Circuit Court of Appeals after the American Civil Liberties Union challenged it in court. That case is currently being appealed to the United States Supreme Court.

The Idaho executive order is unique in that it is signed by a governor and directly challenges the Biden Administration’s rule. More than half of the states sued the administration, which resulted in temporary injunctions across the nation. The new rules only affect the 24 states that did not oppose the new rule, thereby leaving the former 2020 rule in place. 

Potential Problems with Title IX Cases Involving Sexual Misconduct 

Although Title IX cases are generally not regarded as serious as criminal cases, some of the legal safeguards involved in criminal cases are not present to protect those accused of violating their school’s Title IX policy. For example, in criminal court, you have the right not to testify against yourself, to be free from unreasonable searches and seizures, and to due process. 

The due process rights in Title IX cases are limited. Each school establishes its own Title IX policy that sets out details regarding investigations, evidence presentation, and the applicable burden of proof to show a respondent is responsible for violating Title IX. However, some schools or Title IX personnel do not follow their own policies, which can result in a student facing serious allegations with little insight into the process or their rights.

Because Title IX is an administrative process, the accused is afforded fewer rights than if they went to court during a criminal case. And, because schools and educational institutions risk losing their federal funding if they don’t respond appropriately to allegations of sexual misconduct, they are more likely to care about protecting the rights of the accuser, rather than the respondent. They may rush to judgment to quickly resolve the matter, rather than take the time necessary to uncover the facts surrounding the incident in question. 

While many student athletes are innocent of the allegations others make against them, colleges and universities often side with the complainant and take sexual misconduct claims seriously. They reason that finding the athlete responsible would be preferable to facing negative publicity or a lawsuit from the accuser, who felt they were not adequately protected. This can result in biased proceedings and overlooking the accused’s rights. Sometimes, the discipline they impose is disproportionate to the misconduct alleged. 

Members of the panel are supposed to be unbiased while investigating complaints of sexual misconduct, but many are not. They might have preconceived and outdated notions about what is acceptable behavior on a college campus, which is why men are charged more often with these violations than women. The panel members might make a finding of responsibility under Title IX without thoroughly reviewing the evidence. 

Another issue that can cause problems in Title IX cases is consent. The school can define consent, but many colleges and universities require affirmative consent. This means that both parties must say or indicate “yes” to the sexual activity and continue to do so for each incremental increase in it. Therefore, a person can be charged with violating Title IX even if their actions otherwise would not amount to criminal behavior. 

What Should I Do If I’m Facing Title IX Allegations?

Facing Title IX allegations can be intimidating. However, try to follow these steps to best protect your rights and aid in your defense:

Choose an Advisor 

If the complainant has a right to an advisor in a Title IX proceeding, you also have the right to select an advisor of your choosing. While the advisor does not have to be a lawyer, there are several benefits to hiring a lawyer. A lawyer can:

• Review the allegations against you
• Read your Title IX policy to identify deficiencies or misapplications
• Gather and identify evidence to aid in your defense
• Investigate the circumstances surrounding the alleged sexual misconduct
• Build a defense strategy customized to your particular situation 
• Advocate for an alternative dispute resolution
• Communicate on your behalf with the educational institution 
• Preparing you for any interviews or hearings

Read Your Educational Institution’s Title IX Policy

Every Title IX policy is different, so it’s essential that you review your school’s policy to determine whether you violated it or not. The Title IX coordinator may provide you with the policy, or your school may make it accessible online. 

It’s also important to read the policy so you can see the procedures that lie ahead, understand your rights, and know when the school violates its own policies. 

Gather Evidence 

You may be able to aid in your defense by identifying evidence that can help dispute the claims against you and cast doubt on the accuser’s version of events. Evidence will be based on your particular situation, but could include the following:

• Text messages
• Social media posts or messages
• Photos or videos documenting your interactions with the accuser
• Physical evidence

Download any information you need from the school’s servers to preserve it. Keep it in a safe place, and provide it to your advisor. 

Identify Witnesses 

Think carefully about anyone you know who has knowledge about the allegations against you, previous interactions you had with the accuser, background information on the accuser, or your general character. Possible witnesses could include:

• Friends
• Classmates
• Roommates
• Resident assistants
• Fraternity or sorority members
• Colleagues
• Professors
• Staff members
• Bystanders

Write down a list of potential witnesses and a brief description of what each witness may offer. 

Avoid Contact with the Accuser

You might want to try to clear your name or clear up any misunderstandings with the accuser, but resist the temptation. Many Title IX cases result in a no-contact order between the accuser and the respondent, so any contact with the accuser could represent a violation of the order and put you in even more trouble. Contacting the accuser could also damage your case, so avoid contact. 

Contact an Experienced Title IX Defense Lawyer

Because educational programs risk losing their federal funding if they are found not to comply with Title IX, students and faculty members could be steamrolled during a Title IX investigation. Additionally, ancillary cases could arise, making it even more essential for you to hire a lawyer who can help you with criminal charges or civil lawsuits. 

The experienced legal team at KJK understands the high stakes involved and how to prepare for the road ahead. We can protect your rights and future. We handle all aspects of your case, providing legal assistance when you need it most. Call us today for your confidential consultation. 

Contact Our Law Firm for a Confidential Evaluation 

If you or a loved one is facing Title IX allegations, you need dedicated legal support. A knowledgeable Title IX claims defense lawyer can review the details of your case, evaluate your possible defenses, and determine your available legal options. Our legal advocates can guide you through these uncertain times and protect your future. Contact us today to speak to our experienced Title IX and education law attorneys.