Title IX Defense in San Jose

Title IX Accusations: The Potential Consequences 

If someone makes a formal Title IX complaint against you, you could be facing severe academic, social, and legal consequences, including:

Suspension

Many schools respond promptly to these accusations, often suspending the accused and trying to justify the action by claiming to protect the rights of victims. However, a suspension can seriously interrupt your studies, potentially causing you to fail classes or make lower marks that can adversely affect your future career goals. Additionally, it can create a gap in your academic record that may be difficult to explain. 

If you transfer colleges, the new college will likely request that you sign a form releasing all your academic records, which includes disciplinary records. 

Expulsion

Another possible academic consequence is being expelled. This will absolutely show on your college transcript. It can make it difficult for you to be accepted in other schools. If you don’t disclose this information and the other school finds out, it can revoke your acceptance. 

Revocation of a College Degree

Some university policies allow the school to revoke a student’s degree retroactively if they determine there was a Title IX violation or other form of student misconduct. 

Job Loss

If you are a university employee or work at a business at the university, you could lose your job over these allegations, even if the allegations are determined to be unproven.

Loss of Scholarships or Other Financial Aid

Title IX allows student-athletes to receive athletic scholarships, but if the athlete is found to have committed a form of serious misconduct that makes them ineligible for intercollegiate competition, the college can cancel the scholarship. Students receiving other types of financial aid can also lose that assistance.

Loss of Eligibility to Participate in College Athletics

Individuals accused of sex-based harassment or assault may lose eligibility to participate in college athletics. 

Loss of Leadership Positions

If the Title IX office makes a finding of responsibility against you, you could be removed from leadership positions or have titles of areas of distinction stripped away from you. 

Criminal Penalties

If the allegations against you involve physical conduct or are of a sexual nature, you could face criminal charges related to them.

A wide range of consequences await students or employees accused of Title IX gender discrimination, sexual assault, or sexual misconduct. Protect your rights by reaching out to an experienced attorney for targeted legal advice and representation.

California Colleges and Universities Subject to Title IX 

Any college or university that receives federal funding must comply with the requirements of Title IX. This includes the following colleges and universities in the San Jose area:

• San Jose City College
• San Jose State University
• Evergreen Community College District
• University of Silicon Valley
• Pacific Oats College in San Jose
• San Joaquin Valley College
• Evergreen Valley College

Nearby academic institutions, colleges, and universities in San Diego, Santa Barbara, and Santa Cruz are also subject to Title IX.

Steps Involved in the Title IX Investigative Process

Title IX proceedings generally follow these steps:

Notifications

The process begins when you and other involved parties receive notification of the formal complaints against you and that an investigation is initiated. Your formal notice provides information about the hearing process, the allegations of gender-based discrimination or assault you are alleged to have committed, and your rights. 

Investigation

A Title IX investigator will commence a formal investigation to obtain all relevant evidence. This evidence will depend on the circumstances surrounding the allegations. For example, if an assault of a physical nature is alleged to have occurred at a property on campus, investigators may interview witnesses who may have seen the interactions leading up to the alleged assault, review social media messages, interview the accuser and accused, and request any additional records that may be available related to the incident, such as medical records or cell phone records. 

Evaluation

The facts are summarized and provided to the person making the complaint and the respondent. Each party has ten days to review this information. If one party believes the report’s information is inaccurate, they can address it.

Determination 

Someone other than the Title IX investigator decides whether you committed a Title IX violation. That person creates a report summarizing the allegations, the code of conduct you are alleged to have violated, the relevant evidence, and the relationship between the parties. The parties receive the report at least ten days before it becomes final so they have an opportunity to respond. 

Appeal

Either party can appeal the decision and request a review if they disagree with the determination. If you are found to have committed sexual harassment, gender discrimination, sexual assault, or some other violation of Title IX and you do not appeal, the school can impose disciplinary actions against you. They can also refer your case for criminal investigation. 

A Title IX and criminal defense attorney from KJK can guide you through the entire process, including appeal. Contact us today to take the first step toward protecting your legal rights.

Your Rights During the Title IX Investigation Process

If you are facing allegations of Title IX violations, you have several important rights. You are allowed to have an advisor of your choosing, such as a defense lawyer, present throughout the complaint process and disciplinary hearing to protect your rights. You have the right to review the evidence gathered against you during the grievance process and the right to receive the investigative report when it is complete. 

You have the right to request a due process hearing as outlined in your college’s grievance procedure. Due process gives you the right to be notified of the charges against you and to defend yourself against adverse action. An objective hearing officer is appointed to adjudicate the case. Your lawyer can assist with cross-examination of the complainant and any witnesses.

You also have the right to engage in an informal resolution process, which may allow you to resolve the case outside the formal disciplinary process. Your defense lawyer can advise you of your legal rights and options throughout each phase of the case. 

Contact Our San Jose Title IX Defense Attorneys 

If you are the subject of a Title IX investigation, your future is at stake. The experienced San Jose Title IX defense attorneys at KJK can help you navigate this process and safeguard your rights at every step. Contact us today for a confidential consultation.