Title IX Defense Rhode Island

• Expulsion or suspension from school
• A negative mark on your academic record that other schools can see if you transfer or apply to a graduate program
• Being forced out of campus housing
• Being subject to a non-contact order
• Having to change your schedule to accommodate the accuser
• Losing your on-campus job
• Losing financial aid
• Being forced out of fraternities, sororities, athletic teams, and leadership positions

These consequences can damage your professional reputation and future, affecting you for many years to come. This potential warrants a strategic and targeted response.

Additionally, many people embroiled in Title IX cases find that they are deprived of their basic rights, such as due process. Without a legal professional on their side, they can be railroaded by the system, which is intended to protect the accuser, not the accused. Schools are often eager to avoid negative publicity that can come from not responding quickly and punitively against the accused, at the risk of trampling on the accused’s rights. Having a Title IX defense lawyer on your side can help safeguard your rights and make legal challenges if they are not respected.

Why You Should Choose KJK Student & Athlete Defense

You have the right to choose an advisor of your selection, who may or may not be a lawyer. However, some of the reasons why KJK Student & Athlete Defense might be the right choice for you include:

• We have handled more than 1,000 cases in more than 200 colleges and universities.
• We have a strong track record of success, including early dismissals of cases, non-charges, and favorable outcomes through alternative dispute resolution.

Common Types of Title IX Cases

While the statutory language of Title IX is short, the reach of this education law is wide. Title IX can encompass a wide variety of cases and misconduct, including the following:

Sexual Discrimination

The original purpose of Title IX was to prohibit discrimination on the basis of sex. Women were not being accepted to colleges and universities in proportion to their male counterparts, so Title IX stepped in to largely prevent negative admissions decisions against women based solely on their sex. It also helped to provide similar funding and opportunities for female athletes.

Sexual discrimination on college campuses, schools, and universities can take many forms, such as:

• Refusing to admit women to science, technology, engineering, or mathematics (STEM) programs due to their sex
• Giving higher grades to one sex or lower grades to the other sex on this basis alone
• Treating someone unfairly due to their gender expression or sex stereotyping
• Providing disproportionate athletic programs, activities, or opportunities to different sexes based on the college’s enrollment

More recent interpretations of Title IX include discrimination on the basis of sexual orientation or gender identity as a form of prohibited sex discrimination.

Sexual Harassment 

Sexual harassment is considered a form of prohibited sexual discrimination. Sexual harassment is unwanted sexual behavior, advances, requests for favors, or unwelcome physical sexual conduct. Prohibited sexual harassment under Title IX generally takes one of the following forms:

Quid Pro Quo Harassment

Quid pro quo (“this for that”) harassment occurs when a college employee conditions access to college benefits on unwelcome sexual conduct or threatens to withhold benefits if the victim refuses to submit to such unwelcome sexual conduct. For example, a college professor might promise to give a student a better grade if the student agrees to have sex with them. Or, the professor might threaten to fail them if they don’t agree.

Hostile Environment Harassment

Sexual harassment is also prohibited on college campuses and in educational settings when it is so severe or pervasive that it effectively denies a person equal access to the college’s education program or activity. This type of harassment could be based on a sole event if that event was so severe that it interferes with the victim’s education. Or, it could be based on pervasive and frequent harassment that a reasonable person would deem objectively offensive.

Examples of sexual harassment could include:

• Frequent remarks about a person’s sex
• A sexual assault
• Inappropriate touching
• Sexually suggestive jokes or innuendos
• Stalking
• Obscene messages
• Bullying of a sexual nature
• Intimidating another student or staff member that alter their conditions of employment or education based on their sex

Sexual Violence

More recent Title IX cases seek to hold schools and employees responsible for acts of sexual violence that occur on their watch. Sexual violence can include:

• Rape
• Sexual assault
• Use of force in unwanted sexual activity
• Having sex with someone noticeably drunk or impaired
• Failing to have affirmative consent before engaging in sexual contact or the next form of sexual activity
• Inappropriate touching

Domestic Violence

Title IX can even apply in cases in which students or faculty members are engaged in a romantic relationship and that relationship involves domestic violence, dating violence, or stalking.

Discrimination Against Parents

Parents who feel that they have been discriminated against because they are pregnant, parents, or nursing can also file a Title IX complaint.

Retaliation 

Retaliation occurs when someone is punished or has adverse action taken against them due to their complaint of a Title IX violation or their participation in the case. Retaliation can take many forms, including:

• Expelling or suspending a student
• Giving a student bad grounds
• Putting a student on academic probation
• Firing the accuser or participant
• Refusing to promote, advance, or give tenure to a participant
• Demoting a participant
• Denying benefits to a participant

A retaliation claim can arise even if the underlying Title IX complaint was determined to be unfounded.

Colleges and Universities in Rhode Island

Rhode Island is home to thirteen accredited, degree-granting institutions, including two research universities, one community college, and a school of art. These colleges and universities include the following institutions:

• Brown University
• Bryant University
• College Unbound
• Community College of Rhode Island
• Johnson & Wales University
• Naval War College
• New England Institute of Technology
• Providence College
• Rhode Island College
• Rhode Island School of Design
• Roger Williams University
• Salve Regina University
• University of Rhode Island

Who We Represent

At KJK Student & Athlete Defense, we represent individuals and organizations accused of violating Title IX, campus misconduct, and other related offenses. He regularly represents the following:

• Faculty members
• Administrative staff
• Doctors
• Coaches
• TAs
• Scientists and researchers
• Student athletes
• K-12 students
• College students
• Graduate students
• Doctoral students
• Fraternities and sororities

If you or someone close to you is facing allegations of violating Title IX, contact KJK Student & Athlete Defense for a confidential case review.

What to Expect During the Title IX Case

Because every school is responsible for creating and following its own Title IX policy, each Title IX case is different. However, the general Title IX process involves the following steps:

Information Received 

After someone from the college receives notice of a possible Title IX case, the matter is referred to the Title IX coordinator. The Title IX coordinator then reaches out to the complainant to describe reporting options, identify resources for interim support measures, and explain the Title IX process.

Formal Complaint

The complainant gives a full statement regarding the events and signs an official report with the allegations. Interim support measures might be provided. The respondent receives notice of the complaint and given information about the Title IX process.

A no-contact order may initially be put in place prohibiting contact between the parties while the formal investigation is underway.

Investigation

An investigator is assigned to the case. They interview the complainant, respondent, and any witnesses either party identifies. They also collect evidence, such as text messages, social media messages, emails, pictures, or videos.

Report

The investigator drafts their investigative report with their findings. The parties have an opportunity to review and respond to the report.

Alternative Dispute Resolution 

The parties are free to reach an informal resolution at any point during this process. If they do, the complaint is officially dismissed.

Hearing

Hearings are not required under current Title IX rules, but schools can permit them. A hearing works similarly to a trial, but it is less formal. A hearing officer or panel hears witness testimony and reviews evidence. A Title IX defense lawyer can help the respondent prepare for the hearing and for the questions that they will likely receive.

Decision

At the end of the hearing, the hearing officer or panel makes a decision as to responsibility under Title IX. If the respondent is found responsible, they are given sanctions.

Appeals

The parties have a limited right to appeal based on procedural errors, new evidence, or bias.

Contact Our Title IX Defense Lawyers for a Confidential Consultation

At KJK Student & Athlete Defense, we understand that things are hardly ever one-sided. We want to get to know you and understand more about your situation so we can help defend you against unfair Title IX allegations.

Turn to our experienced legal team for help when you need it most. Contact us today for a confidential case evaluation.