Title IX Defense New Mexico

Who Should I Choose As My Title IX Advisor?

Now that you know the importance of having a skilled lawyer in your Title IX case, the next determination is who you should choose to fulfill this role. Some of the reasons why you should consider KJK Student & Athlete Defense are:

• Our experience: Our law firm has handled more Title IX cases than many other firms, having handled more than 1,000 cases at more than 200 colleges and universities throughout the nation.
• Our results: We have successfully had cases dismissed, resolved through alternative dispute resolution, and students and faculty members found not responsible after live hearings. We have saved futures and professional reputations.
• Our reputation: Several of our firm’s attorneys have been recognized as Best Lawyers’ “Lawyer of the Year” in the Education category. This esteemed honor goes to only one attorney in each practice and geographic area. It symbolizes that they received the highest peer ratings.
• Our holistic legal services: In addition to our Title IX services, we also have a dedicated student misconduct practice, reputation management services, and criminal defense legal representation. We can handle all ancillary cases related to your Title IX matter.

Call our law firm today to see what makes us different.

What Is Title IX?

Title IX is a federal education law that prohibits discrimination on the basis of sex at any educational institution or program that receives federal funding. All federal agencies that give financial assistance grants are required to enforce Title IX’s mandate against non-discrimination. As such, Title IX applies to various educational institutions and programs, including:

• Preschool programs
• K-12 schools
• Private schools and public schools
• Colleges and universities
• Educational programs
• Vocational rehabilitation programs
• Libraries

Different Types of Title IX Cases

Title IX can encompass various types of cases, with some of the most common alleging:

• Sexual discrimination: Sexual discrimination in an academic setting occurs when students aren’t admitted to educational institutions, excluded from certain programs, or do not receive similar benefits, equipment, funding, or competitive opportunities in athletics due to their sex.
• Sexual violence: Title IX cases can arise when a person is accused of rape, sexual assault, unwanted sexual touching, or other sexual misconduct on a school campus or during a school-sponsored event.
• Sexual harassment: Sexual harassment violates Title IX when an authority figure conditions a benefit on unwanted sexual favors or imposes unwelcome verbal or physical conduct of a sexual nature that is severe or pervasive enough that it creates a hostile environment.
• Discrimination against parent students: This form of discrimination occurs when pregnant or parenting students and employees are treated differently, such as being excluded from classes, programs, or extracurricular activities.
• Retaliation: A retaliation claim arises when someone who makes a report of Title IX or participates in a Title IX investigation is demoted, punished, or otherwise treated in a negative manner.

If you or a loved one is facing allegations of Title IX violations of these or any other offenses, you need an experienced Title IX defense lawyer.

Potential Penalties in Title IX Cases

While Title IX cases are not criminal cases and do not directly result in criminal penalties like incarceration, the potential penalties can still be significant and disruptive. If you are found responsible for violating Title IX, you could face consequences, such as:

• Expulsion: Most seriously, you could be expelled from school. This information will be included in your academic records. An expulsion could prevent you from being accepted into another school, causing a permanent barrier to your educational future.
• Suspension: Even if the most significant consequence falls short of expulsion and is suspension, the consequences can still be severe. This can interrupt your studies, lower your G.P.A., and be a negative mark on your academic record. Even if you transfer, new schools could learn about the suspension and the related Title IX case from your academic records.
• Degree revocation: Even if you have already graduated by the time the Title IX case is resolved, the school can take adverse action against you, such as revoking any degree that it has already conferred.
• Loss of financial aid and athletic scholarships: You could lose all forms of financial aid, including academic scholarships, loans, grants, and athletic scholarships. Without the necessary funds, this outcome can ultimately derail your academic future.
• Loss of eligibility: A student could lose their eligibility to be part of college athletics or to engage in intercollege activities.
• Loss of leadership positions: Students who have leadership positions in student organizations can be removed from these positions upon a finding of responsibility for violating Title IX.

An experienced Title IX defense lawyer will work diligently to prevent you from suffering these or other consequences.

The Title IX Process from Start to Finish

While there is no such thing as a typical Title IX case, many of these cases follow a process similar to the following:

Information Received

A student, faculty member, or other individual reports an alleged Title IX violation. The case is referred to the institution’s Title IX coordinator. The coordinator then reaches out to the affected party and provides basic information about Title IX, reporting options, and the process ahead.

Formal Complaint

The complainant provides a full statement about the incident and signs a formal complaint. The respondent is notified of the allegations against them and provided with information about the Title IX process. The parties may be subject to interim support measures, which can limit contact between them by:

• Ordering the respondent out of their current dorm
• Requiring schedule changes so that the parties are not in the same class
• Putting a no-contact order in place
• Providing security for the complainant
• Requiring the respondent to change their work schedule so there is no interaction with the complainant

The parties generally have the right to be represented by an advisor of their choice, who may or may not be a lawyer.

Investigation

An investigator is assigned to the case. They do the following:

• Interview the parties
• Ask the parties for any objective evidence they have to support their version of events
• Collect evidence, which may include screen recordings and social media messages
• Ask the parties for any witnesses who observed some of the actions involved in the matter and then interview them
• Review documentation related to the case
• Prepare a report with a summary of the investigation and their findings

The parties then have an opportunity to review and respond to the report.

At some colleges, this is where the process ends. School administrators determine whether the respondent violated Title IX. If they conclude that they did, they may impose sanctions at this time.

Hearing

Other schools provide the parties with an opportunity to have their case determined by a hearing officer or hearing panel. If there is a hearing, it functions similarly to a trial in court. Each party provides an opening statement, poses questions to the other party and any witnesses, and provides a closing statement. An attorney can help their client prepare for the hearing.

Decision

The hearing officer or panel renders a decision at the end of the hearing. If they find the respondent is responsible for violating Title IX, they impose sanctions.

Alternative Dispute Resolution (ADR)

The parties can agree to resolve their case through ADR at any point in the process. If they reach an amicable resolution, the complaint is formally dismissed.

Appeals

The parties may have a limited right to appeal the decision or sanctions.

Because this process can be so complex, it is essential that you work with an experienced Title IX defense lawyer.

Colleges and Universities in New Mexico

New Mexico is home to many colleges and universities, including the following:

• Brookline College
• Burrell College of Osteopathic Medicine
• Carrington College
• Central New Mexico Community College
• Clovis Community College
• Eastern New Mexico University
• Institute of American Indian Arts
• Luna Community College
• Mesalands Community College
• Navajo Technical University
• New Mexico Highlands University
• New Mexico Institute of Mining and Technology
• New Mexico Junior College
• New Mexico Military Institute
• New Mexico State University
• Northern New Mexico College
• Pima Medical Institute
• San Juan College
• Santa Fe Community College
• Southeast New Mexico College
• Southwestern College
• Southwestern Indian Polytechnic Institute
• St. John’s College
• University of New Mexico
• University of the Southwest
• Western New Mexico University

Contact the Legal Team at KJK Student & Athlete Defense for a Confidential Consultation

If you or a loved one has been accused of violating Title IX, you need immediate legal assistance.