Title IX Defense in Louisiana

How an Attorney Can Help with Title IX Defense

Individuals charged with violating Title IX generally have the right to have an advisor of their choosing. While a licensed attorney isn’t required in these types of cases, having a lawyer on your side can help in many ways, including the following:

• Explaining your legal rights: Accused students and faculty members generally lack knowledge about Title IX processes and don’t know how to protect their legal rights. An experienced attorney can explain your rights and help you to effectively navigate Title IX procedures.
• Handling communication on your behalf: When communicating with Title IX officials, anything you say could potentially be used against you in the Title IX case. An experienced lawyer can handle communication with the school, the accuser’s representatives, and any criminal investigators to protect your rights, gather key information, and negotiate for a resolution of your case.
• Responding to the formal complaint: One of the first steps in the Title IX process is to formally answer the school’s complaint. Your attorney can help prepare a written response to the complaint, deny unfounded allegations, and provide explanations, as necessary.
• Appearing on your behalf: Having a legal professional on your side during Title IX proceedings can be helpful. They can step in for you to communicate with school officials throughout the process, communicate with your accuser’s advisor or representative, and protect you from procedural lapses. This sends the message that you are taking the situation seriously and are prepared to fight to protect your rights.
• Gathering evidence: Your lawyer can help identify, gather, preserve, and present evidence that contradicts the accuser’s allegations against you, helps establish that you were not responsible for violating Title IX, or otherwise mitigates the charges against you.
• Negotiating your Title IX relief: Some Title IX cases can be resolved through a dismissal of the formal complaint and mediation with the accuser. This can allow for a voluntary and amicable resolution that doesn’t involve the school.
• Attending conferences and hearings on your behalf: Your advisor has the right to be present at meetings relevant to your case, including informal conferences, interviews, conciliation conferences, and prehearing meetings. They can negotiate for an early voluntary resolution, which could help you avoid some of the more serious consequences associated with Title IX.
• Participating in the hearing process: Your advisor doesn’t have the same role as representing you at any formal hearing as a lawyer might in a civil or criminal case. However, they can participate to the fullest extent possible allowed by your educational institution. This could include preparing opening and closing statements, preparing questions for witnesses, and helping you to prepare to testify on your own behalf. This involvement can help ensure that the hearing officer or hearing panel has the proper context to determine what happened in your case.
• Attending conferences and hearings on your behalf: Your advisor has the right to be present at meetings relevant to your case, including informal conferences, interviews, conciliation conferences, and prehearing meetings. They can negotiate for an early voluntary resolution,
• Fighting for lesser penalties: Your attorney can help bring up mitigating circumstances and fight for less problematic penalties if an adverse decision is made against you. They can help you understand the penalties and what they mean for you.
• Appealing your case: You may have grounds to appeal an adverse decision against you. Your lawyer can discuss this option with you and see if it applies to your particular situation.

The Title IX Process

It is crucial that you understand how the Title IX process proceeds so that you can take steps necessary to protect your legal rights and make informed decisions throughout the legal process. Title IX cases proceed differently in each case since each school is responsible for creating and enforcing its own Title IX policy. That being said, the typical Title IX process consists of the following:

Complaint Procedure

Each school is responsible for establishing and maintaining a complaint procedure for students and others to report suspected Title IX violations. This process may involve providing a written report to the Title IX coordinator.

The coordinator reviews the complaint to determine whether it alleges a Title IX violation. The coordinator may discuss the basics of the case with the accuser to make this determination. If the accuser alleges a Title IX violation, the coordinator provides notice to the accused of the allegations against them.

Investigation

The case may then be referred to a Title IX investigator. This individual may interview the accuser, the accused, and witnesses that either party identifies. They may also request text messages, social media interactions, and other digital evidence that can provide further context for the situation. They could also review photos, videos, documents, and other evidence.

After the investigator concludes their investigation, they prepare an investigation report. The investigator shares this report with the parties for comment and correction.

Hearing

Some schools offer a formal hearing for these types of cases in which the accused has the right to challenge the school’s evidence of a Title IX violation. A hearing officer or panel may be responsible for evaluating evidence, hearing testimony, and making a final determination.

Some schools offer this hearing as a matter of right, while others provide the opportunity for one, but the accused must promptly request one so that they do not inadvertently waive their rights.

Appeals

If an adverse decision is made against the accused or accuser, they may be able to file an appeal. An appeal requests that an independent individual evaluate the case and make a different opinion on the outcome. However, appeals are generally limited to the following grounds:

• Bias
• Conflicts of interest
• A lack of credible evidence
• A procedural error or irregularity

An appeal requires that the party requesting it provide a detailed, written argument and authority that demonstrates how the hearing officer or panel made a mistake and what the appellate officer should do to correct the error. Appeals must be filed promptly within the applicable deadline.

Louisiana Colleges and Universities

Louisiana has various colleges and universities, including the following:

• Baton Rouge Community College
• Blue Cliff College
• Bossier Parish Community College
• Centenary College of Louisiana
• Central Louisiana Technical Community College
• Chamberlain University
• Delgado Community College
• Delta College of Arts & Technology
• Dillard University
• Fletcher Technical Community College
• Fortis College
• Franciscan Missionaries of Our Lady University
• Grambling State University
• ITI Technical College
• Louisiana Baptist University and Theological Seminary
• Louisiana Christian University
• Louisiana Delta Community College
• Louisiana State University
• Louisiana Tech University
• Loyola University New Orleans
• LSU Health Sciences Center New Orleans
• McNeese State University
• New Orleans Baptist Theological Seminary
• Nicholls State University
• Northshore Technical Community College
• Northwest Louisiana Technical Community College
• Northwestern State University
• Notre Dame Seminary
• Nunez Community College
• River Parishes Community College
• Saint Joseph Seminary College
• South Louisiana Community College
• Southeastern Louisiana University
• Southern University
• SOWELA Technical Community College
• Tulane University
• University of Holy Cross
• University of Louisiana
• University of New Orleans
• Xavier University of Louisiana

Legal Complications Involving Title IX Cases

Title IX cases can be complicated for various reasons. They are different than any other type of case. Because they involve an administrative procedure that is based on each school’s individual Title IX policy, every Title IX case is unique.

When a case involves criminal or civil charges, there is often legal precedent based on how previous courts have interpreted laws. Since Title IX cases are based on violating school rules, which are subject to frequent change, there may not be relevant court interpretations. This makes it difficult to determine the outcome of a Title IX case, which may be based more on the individual feelings and beliefs of the hearing officer or panel, rather than on established legal principles.

Another complication in these types of cases is that criminal cases provide considerable procedural rules to protect the rights of the accused. For example, in criminal cases, the defendant has the right to due process, which gives them the right to have a formal hearing. During the hearing and criminal process, they have the right to confront their accuser.

Under current Title IX rules, the accused’s advisor cannot cross-examine witnesses. Instead, they work with the accused to prepare a list of questions that the hearing panel asks during the legal proceeding. This can make it difficult to adequately protect the accused’s rights or emphasize inconsistencies in the witness’s testimony.

Because these cases often involve allegations of sexual misconduct, and schools risk losing federal funding if they do not respond promptly and effectively, there can be issues around the fairness afforded to the accused. The school may not want to be thought of as allowing sexual misconduct on their campus, so they may quickly punish the accused while ignoring their legal rights.

Even interim support measures can cause havoc in the accused’s life. The accused may be required to change their class or work schedule. They could be required to move out of student housing. They may be subject to a no-contact order. All of these requirements may be imposed before there is any investigation into the merits of the alleged accusations.

Sexual misconduct allegations can be politically charged, so these cases may also involve considerable bias and pre-judgments. School disciplinary officials may rush to judgment or impose significant penalties to make an example for other situations.

There can also be significant differences between the knowledge and experience handling these types of cases for the accused and the school, which often acts as the judge, jury, and executioner. Without a level playing field, many accused individuals find that their rights are trampled over, and no one listens to their version of events.

Defending Title IX Cases

An experienced attorney can carefully review your case and determine the viable defenses that they can raise on your behalf. This may include questioning the credibility of the accuser or witnesses against you. These individuals could have ulterior motives to fabricate or exaggerate reports of misconduct that your lawyer can explore.

The accuser bears the burden of proof of establishing that you committed the acts that you are accused of. Typically, this requires them to show your responsibility for the alleged acts by the preponderance of the evidence. Your lawyer may be able to argue that the evidence does not rise to this level or present evidence or testimony that contradicts the evidence against you.

Another common defense in Title IX cases is consent. Consent in these proceedings may be defined differently than it is in criminal cases, requiring affirmative consent for each advancing level of sexual contact. You may be able to introduce communications that show the other party consented to the activity that they are now complaining about.

Contact Our Experienced Title IX Defense Lawyers

If you are facing Title IX allegations, it is important that you hire an experienced Title IX defense lawyer immediately to begin protecting your legal rights. The KJK Student & Athlete Defense team has handled over 1,000 cases in several hundred schools, colleges, and universities across the country. 

Our Louisiana lawyers also have extensive experience handling criminal cases, reputation management situations, special education matters, and other education-related legal matters. Learn more about how we can help you when you contact us for a confidential consultation. Reach out today to get started.