Title IX Defense Michigan

Title IX and Sexual Violence

One of the most common causes of Title IX actions is based on allegations of sexual violence or domestic violence between students or students and faculty. The Department of Education has held that if a college or university fails to respond appropriately to allegations of sexual assault, rape, or sexual harassment, the university or college itself can be found in violation of Title IX and can lose federal funding. Educational institutions must take the following actions to comply with Title IX requirements:

• Hire and maintain a Title IX coordinator 
• Maintain a written policy that outlines the Title IX investigation process that the school must follow when there are claims of sexual violence or sexual harassment
• Provide support measures to individuals on their campus who claim to be victims of sexual assault 

Under Title IX, colleges and universities have a legal duty to prevent sexual misconduct and respond promptly and efficiently if they receive notice of misconduct as outlined in their Title IX policies. Failing to do so can result in severe consequences for them, including the potential loss of federal funding.

Individuals accused of sexual assault or other forms of sexual violence under Title IX should understand that the Title IX definitions and procedures differ from those involved in criminal cases. Where a criminal case may require showing force or lack of consent, a Title IX case can be based on one of the parties not providing affirmative consent. Title IX policies may require that both parties mutually agree to the sexual activity before participating in it and agreeing to each additional form of activity before partaking in it. 

What Schools Are Covered by Title IX?

Title IX applies to public schools, private schools, charter schools, local and state educational agencies, colleges, universities, and educational programs in museums, libraries, and prisons that receive federal funding. If the school or educational program received a grant or Paycheck Protection Program loan, or other federal assistance, it may be subject to Title IX. 

How Can a Title IX Defense Lawyer Help Me? 

A Title IX defense lawyer can be your trusted advocate during the Title IX process. They can help by:

• Reviewing the allegations against you
• Reviewing your school’s Title IX policy and explaining its unique process to you
• Explaining your legal rights, your right to due process, and your school’s code of conduct
• Explaining the possible consequences you face
• Explaining the potential outcomes of the case and learning what a favorable outcome looks like to you
• Listening to your side of the story and sharing information with investigators as necessary
• Being present during interviews
• Conducting an independent investigation into the allegations against you
• Building a thorough defense based on the particular details of your case
• Participating in hearings to the fullest extent allowed by your school’s Title IX policy
• Preparing appeals as necessary

A lawyer can be with you every step of the way from start to finish.

Why Should I Choose KJK Student & Athlete Defense?

KJK Student & Athlete Defense focuses on providing legal services to individuals confronting violations of education laws, including campus misconduct and Title IX offenses. We have represented over 1,000 students at more than 200 colleges and universities. We understand you’re facing an uncertain future and are likely worried about it. We’re here to protect it.

Our legal advocates care about the clients we represent. Our motto is “we save lives.” We understand that you may be facing serious allegations that could jeopardize your freedom, create obstacles for your future, and damage your reputation.

This is why we provide comprehensive legal services. In addition to directly representing you in Title IX proceedings, we can also represent your legal interests in any related civil or criminal cases. We also provide reputation management services. 

Who KJK Student & Athlete Defense Represents

At KJK Student & Athlete Defense, we focus on helping all parties involved in the Title IX process, including:

• Student defendants: We regularly represent students who have been accused of sexual assault or other Title IX violations. We help them navigate the complex disciplinary process and hearing procedures.
• Students bringing claims: Our law firm also represents students who are bringing a Title IX claim against another student, faculty member, or educational institution, such as when their case has been improperly investigated or handled. 
• Faculty and staff members: We represent teachers, professors, administrative staff members, and other school employees who are accused of sexual harassment, sex discrimination, and other Title IX violations.
• Coaches, players, and others: We represent players, coaches, and others against educational institutions who are denied access to training facilities, pay disparities, or other unfavorable treatment on the basis of sex.
• Physicians: We also represent residents, fellows, and faculty members of medical schools who face allegations related to Title IX or institutional conduct codes.
• Scientists and researchers: Our firm capably handles cases involving reported sexual misconduct in academic and research settings.

If you’d like to know whether we can represent you in a Title IX-related matter, call us today.

Potential Penalties for Violating Title IX

Title IX is a law that is upheld in educational settings. As such, possible penalties only extend to what the school has control over, such as:

• Expulsion or suspension of students
• Degree revocation
• Loss of financial aid, including athletic and academic scholarships, federal loans, and grants
• Loss of student housing
• Being let go from a sports team
• Being required to step down from leadership positions

Faculty members can lose tenure or be terminated from their positions. Students who work on campus can also lose their jobs.

Potential Problems You Might Face with the Title IX Process 

Educational institutions are often concerned about protecting themselves from liability when confronting Title IX allegations. This can make them disregard the rights of the accused. They might be concerned about whether the claimant will sue them. They also know they can lose federal funding if they do not follow the strict requirements of Title IX. 

Due to these factors, many colleges and universities complete swift investigations and administrative processes. They do not want the negative publicity associated with Title IX, so they want to dispose of the matter as quickly as possible, even if that works against protecting the accused’s rights. Many colleges and universities dole out excessive punishments to send a message that they take allegations of sexual violence seriously.

Another problem that defendants can run into is bias. Although the Title IX coordinator, investigator, and hearing panel are supposed to be objective, many come in with preconceived notions and may be quick to judge the accused. 

Differences in Criminal Cases and Title IX Cases

While some Title IX cases result in criminal charges in addition to the Title IX claim, these are very different types of cases. In a criminal case, the state makes its case against you. You have many fundamental rights protected by the United States Constitution, including the right to be free from self-incrimination, the right to due process, and the presumption of innocence. If you are found guilty, you can face criminal penalties, including jail time and fines.

Title IX cases occur at the college level. You are found responsible or not responsible for violating the relevant rules. Most colleges use a by the preponderance standard of proof, meaning that they only have to find that facts are more likely as the claimant alleges than as you allege to find you responsible. 

Each forum presents its own unique set of rules and procedures. Criminal cases are governed by the Rules of Criminal Procedure and Evidence, whereas Title IX cases follow an administrative process. You have fewer rights during a Title IX case than you would in a criminal case. 

At KJK Student & Athlete Defense, we are equally prepared and equipped to handle both criminal cases and Title IX cases.

Contact Our Title IX Defense Lawyers Today

Our lawyers want to help protect your future and ensure that your rights are upheld. We encourage you to contact KJK Student & Athlete Defense today to schedule a confidential consultation. 

Peer Advice

A Client’s Tips For Facing A Title IX Investigation