Title IX Defense in Kansas
Serving students & Faculty nationwideFew laws have the ability to evoke the type of fear that Title IX does. Often used to accuse other students or faculty members of sexual misconduct on college campuses, Title IX has the potential to alter your educational pathway and career.
If you have been accused of violating Title IX, you need help from an experienced Title IX defense lawyer. Contact KJK Student & Athlete Defense for a confidential consultation.
Title IX
Title IX Explained
Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits sex-based discrimination in any school, college, university, or educational program that receives federal funding. While the law was originally passed to provide more opportunities for female students and athletes, it is now more commonly used in sexual misconduct cases. Its far-reaching effect can implicate students, faculty members, or others of any type of misconduct related to sexual discrimination, harassment, or assault.
Schools take Title IX cases very seriously because if they are found to violate the federal law, they can lose their funding. Schools have various responsibilities related to Title IX, including:
- Having a published Title IX policy that explains Title IX and how to make a report of a violation
- Employing a Title IX Coordinator who coordinates the institution’s Title IX compliance, receives reports of Title IX violations, and determines whether complaints are prohibited by Title IX
- Informing parties of interim support measures and community-based support resources available to them
- Appointing an investigator to conduct a formal investigation into claims
Ensuring that reports are handled properly and promptly - Informing complainants and respondents of their rights during the investigative process
Maintaining information and evidence related to the investigation securely
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Why You Need KJK Student & Athlete Defense
If a student or other individual has accused you of violating Title IX, you need informed legal representation. You have the right to an advisor of your choice. Some of the reasons why you need KJK Student & Athlete Defense include:
- We are experienced: Our law firm has dealt with more Title IX cases than many other firms across the country. We have represented clients in over 1,000 cases in more than 200 educational institutions.
- We are nationally recognized: Our law firm is recognized throughout the country for our advocacy in Title IX and other education cases. Several of our attorneys have received the prestigious Best Lawyers’ Best Lawyer of the Year award, which is given to only one attorney in each geographic and practice area each year. The recipient has received the highest peer-review ratings.
- The potential consequences are severe: Even though Title IX cases are not criminal in nature, consequences can still be serious and may include expulsion or suspension, degree revocation, academic probation, schedule changes, housing changes, and job loss. Additionally, there is nothing prohibiting criminal charges or civil cases from being filed against you.
- We focus on education law: Unlike other law firms that work in various aspects of the law, KJK focuses exclusively on education law. We have extensive experience handling cases involving campus misconduct, special education law, and student criminal defense. This focus has allowed us to develop an in-depth understanding of this area of the law and the intersection between state and federal laws.
- We provide comprehensive legal services: In addition to our Title IX services, we have a dedicated student misconduct practice to protect students accused of violating their institution’s code of conduct policies, reputation management services to help protect your reputation online, and criminal defense attorneys in case your Title IX case involves criminal offenses.
Contact our law office today to find out more about how we can help you.
Common Types of Title IX Cases
Title IX cases can take many forms, but some of the most common types of cases filed under this federal law include the following:
- Sexual discrimination: Title IX prohibits discriminating against students and others in the educational environment because of their sex, such as barring or significantly limiting women from programs that are more male-dominated, such as STEM subjects, or providing better opportunities to male athletes over their female counterparts.
- Sexual harassment: Sexual harassment is considered a form of sexual discrimination if it is so severe or pervasive that it alters the alleged victim’s terms of employment or education.
- Sexual violence: Title IX has also extended to cases involving rape, sexual assault, and other forms of sexual violence.
- Stalking and intimate partner violence: Title IX also prohibits stalking, domestic violence, and dating violence in the educational setting.
If you have received notice that you are facing allegations of any of these or other Title IX violations, reach out today for legal assistance.
The Title IX Process
When you have a Title IX advisor, they can help you through every step of the process, which can include:
- Complaint filing: The official process begins when someone makes a complaint that is given or forwarded to the university’s Title IX coordinator. Your advisor can review the notice you receive and your school’s Title IX policy so that you understand the steps ahead. Every school handles Title IX cases a little differently.
- Investigation determination: If the Title IX coordinator believes that there are valid grounds for a Title IX case, an investigator is assigned to the case. The investigator may interview the complainant, you, and other parties. Additionally, they may collect evidence. They summarize their findings in a report.
- Response to the report: The parties often have an opportunity to respond to the report of findings.
- Hearing: Some schools allow students to participate in a hearing, which functions similarly to a trial. Here, each side presents their case before a hearing officer or hearing panel. They can testify, call witnesses, and present evidence. The hearing panel determines whether or not the respondent is responsible for violating Title IX.
- Sanctions: If you are found responsible for violating Title IX, the hearing panel may determine sanctions, such as placing you on academic probation, evicting you from your dorm, or firing you from your job.
- Appeal: You may be able to appeal an adverse decision, but the legal grounds for appeal are very limited.
Colleges and Universities in Kansas
The Kansas Board of Regents governs six state universities. It also supervises and coordinates nineteen community colleges, five technical colleges, six technical schools, and a municipal university. The state universities include:
- Emporia State University
- Fort Hays State University
- Kansas State University
- Pittsburg State University
- University of Kansas
- Wichita State University
The municipal university is Washburn University. Haskell Indian Nations University and the United States Army Command and General Staff College are the federal university and military college in the state.
The nineteen community colleges in the state include the following:
- Allen Community College
- Barton Community College
- Butler Community College
- Cloud County Community College
- Coffeyville Community College
- Colby Community College
- Cowley Community College
- Dodge City Community College
- Fort Scott Community College
- Garden City Community College
- Highland Community College
- Hutchinson Community College
- Independence Community College
- Johnson County Community College
- Kansas City Kansas Community College
- Labette Community College
- Neosho County Community College
- Pratt Community College
- Seward County Community College
Technical colleges and schools in Kansas include the following:
- Flint Hills Technical College
- Fort Hays Tech North Central
- Fort Hays Tech Northwest
- Manhattan Area Technical College
- Salina Area Technical College
- Washburn Institute of Technology
- Wichita Technical Institute
- WSU Tech
Private colleges and universities in Kansas include the following:
- Baker University
- Barclay College
- Benedictine College
- Bethany College
- Bethel College
- Central Christian College
- Cleveland University-Kansas City
- Donnelly College
- Friends University
- Hesston College
- Kansas Christian College
- Kansas Health Science University–Kansas College of Osteopathic Medicine
- Kansas Wesleyan University
- Manhattan Christian College
- McPherson College
- MidAmerica Nazarene University
- Newman University (Kansas)
- Ottawa University
- Saint Mary’s Academy and College
- Saint Paul School of Theology
- Southwestern College
- Sterling College
- Tabor College
- University of Saint Mary
Who Do We Represent?
At KJK Student & Athlete Defense, we represent all types of individuals and groups accused of sexual harassment and other sexual misconduct, including:
- Students
- Student athletes
- Fraternity organizations
- Coaches
- Researchers
- Scientists
- Faculty members
- Administrative staff
Call us today to find out more about how we can help.
How Do Title IX and Criminal Cases Differ?
Sometimes, criminal and Title IX cases involve similar allegations. For example, a student may report another student for sexual assault. Even though the underlying allegations might be based on the same set of circumstances, the laws and legal process involved in these cases are very different.
A criminal case is referred to a prosecutor who files charges against the defendant. If the defendant is found guilty, they can face criminal penalties, such as incarceration, fines, and registration as a sex offender. Because the victim’s freedom is at stake, the highest burden of proof applies, with “proof beyond a reasonable doubt.”
Title IX cases are administrative in nature. The school has to follow the procedure outlined in its school policies. The potential penalties are based on the power that the school has over the respondent, such as effects on their education or job, such as degree revocation or loss of tenure.
Schools generally use the “by the preponderance of the evidence” standard in Title IX cases. This burden of proof is much lower than the burden of proof required in criminal cases, so it is much easier to secure a finding of responsibility in a Title IX case than it is to secure a criminal conviction.
In criminal cases, the defendant has many legal and procedural safeguards that are put in place to protect them, such as the right to be free from self-incrimination and the right to an attorney. Many Title IX respondents find their due process rights trampled on because educational institutions don’t respect them or care about them. Because Title IX cases can translate into criminal cases, it is essential that you understand how to protect your rights during encounters with school authorities.
Contact Us Today for Immediate Legal Assistance
At KJK Student & Athlete Defense, we protect futures. We understand the seriousness of Title IX allegations and are here to help guide you through the legal process. Contact us today to arrange a confidential consultation with one of our dedicated Title IX defense attorneys.
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