Title IX LAWYERSServing students & Faculty nationwide
Title IX Explained: Title IX is a federal law created as part of the Education Amendments of 1972 that protects all students and employees from gender discrimination, sexual harassment and unlawful retaliation. This law applies to universities, colleges and any educational institution that receives federal funds. KJK’s top-rated Title IX Attorneys defend and advise students and university employees facing Title IX and sexual assault allegations.
Title IX: Due Process
Accused of sexual assault on campus? Title IX guarantees due process. Our Title IX lawyers fight for it.
Title IX: Advising
Involved in a Title IX investigation? You have the right to an advisor. We are here to help.
Title IX: Due Process
Title IX: Advising
Title IX VS Criminal Charges
RIGHTS OF THE ACCUSED
Under the updated Title IX regulations that went into effect on Aug. 20, 2020, complainants and respondents in a Title IX investigation have the right to one individual of their choosing to serve as their advisor throughout the investigation process. The right to a Title IX lawyer or advisor is extended so that both parties can have someone help navigate them through this challenging process.
If you’re accused of a Title IX Violation, you also have the right to:
- A robust notice of allegations
- Live hearings
- The presence of a student advisor (typically an attorney)
- Cross-examination of parties and witnesses
- A pre-established standard of proof
Students or employees reporting or accused of sexual assault on campus – or at an event sponsored by the institution – are provided the right to due process under Title IX. Due process refers to the fair and equitable treatment of both parties in a case.
As due process advocates, our team of Title IX lawyers fights to ensure that every individual we represent receives the fair and equitable treatment that is promised to them.
How can a Title IX Lawyer help ensure you receive your due process rights?
College and university Title IX investigations can vary greatly from campus to campus. Because of this, the application of due process looks different from one case to another. The best way to ensure that your rights are protected is to contact a skilled Title IX attorney who can recognize the nuances of these situations.
Facing a Title IX Violation?
Our Experienced Title IX Lawyers Can Defend You
If you have been wrongly or unlawfully accused of violating Title IX, do not wait to contact KJK’s Title IX lawyers. We have successfully defended students, professors and others in higher education across the United States who have been accused of campus misconduct. Our skilled team of Title IX lawyers is well-versed in the laws, policies and disciplinary procedures surrounding Title IX cases and is here to help you build a strong defense. Don’t risk accidental self-incrimination or leave your fate to chance. Our Title IX defense attorneys are here for you. Let us help defend your rights and protect your future from accusations of misconduct.
TItle IX Victims’ Rights
If a student or faculty member reports a potential Title IX violation, the institution that has been reported does not have the right to retaliate.
In the case of a retaliation, the Title IX lawyers with KJK’s Student & Athlete Defense practice group are prepared to help you set things right.
Student Title IX Retaliation examples include:
- Altering or lowering grades
- Harassment in the classroom or on campus
- Removal from campus organizations, sports teams or other campus activities
- Reducing a student-athlete’s playing time
- Suspending or expelling a student
Employee Title IX Retaliation examples include:
- Decreasing an employee’s pay
- Harassment from supervisors
- Altering job responsibilities
- Firing or demoting
Our Title IX Lawyers In The News
KJK Title IX Lawyers STONE & SUPLER DISCUSS THEIR TITLE IX PRACTICE WITH LAW.COM
A Letter to Parents
My Son Was Accused of A Title IX Violation. What Do I Do?
As Title IX lawyers, every day we get calls from scared parents telling us that their child has been accused of misconduct while away at school or in need of filing a charge against another student at college for a serious policy violation. Often: My son was accused of a Title IX violation. What should I do? But whether accused of or involved in a Title IX sexual assault case, a hazing allegation or academic misconduct matter, parents tell us how scared they are for their student’s future.
This letter addresses how to handle the first twenty-four hours after your student calls you and tells you that they need to file a Title IX complaint or have been accused of some sort of misconduct allegation.
A Client’s Tips For Facing A Title IX Investigation
I OFFER THE FOLLOWING TIPS
For students who may be involved in a Title IX or related matter, I offer the following tips. First, I recommend that you call a Title IX lawyer before you make any other move. Following that step, one should consider staying away from public statements on the matter. I also recommend that this public silence be countered with engagement in therapy and frequent self-care. Similarly, reach out to the appropriate contact at your school to coordinate supportive measures so that you may continue with your academics. Establishing a list of hobbies and rituals to ground myself was incredibly helpful throughout the ups and downs of the case.
Know the Difference
Title IX vs Criminal Charges
Those accused of sexual assault must understand the circumstances of the accusation. Campus Title IX investigations are not criminal cases and colleges are not courts. There are important differences that students must be mindful of, such as:
What’s the difference between a Title IX investigation and a criminal case?
A Title IX investigation and a criminal case are very different. While the two types of cases may involve the same alleged conduct and the same people, that’s where the similarities end. A Title IX case is an administrative matter that can impact an accused student’s educational record and enrollment status with an educational institution. A criminal case involves charges prosecuted in a court of law. An accused student in a Title IX case can be found responsible, but the student will not go to jail. If an accused student is found guilty of a criminal offense, the student may face a penalty of imprisonment and sex offender registration. An accused student in a Title IX case does not have a constitutionally protected right to silence like the student does in a criminal case. The burdens of proof are also different. Title IX claims are generally evaluated for a preponderance of evidence, whereas criminal charges must be proven by a prosecutor beyond a reasonable doubt, which is the highest burden of proof in our legal system.
Title IX cases are unique and high-stakes. Because of the nuances involved, it is critical that you reach out to an experienced Title IX attorney immediately. Call us to discuss your case.
When can a Title IX case evolve into something criminal?
At any time, a complainant in a Title IX case can decide to report the conduct in question to the police. In fact, under the law, schools are required to advise complainants that they have the right to contact the police to file a report. That being said, just because a report is made to the police does not necessarily guarantee that criminal charges will be filed. Police will conduct an investigation and then a prosecutor will review the case to determine whether prosecution is appropriate.
What's at stake?
In a Title IX hearing the respondent risks the possibilities of being expelled or suspended, losing credit hours of losing their diploma altogether.
In criminal court the defendant risks the possibilities of being sent to prison or registering as a sex offender.
Your future is not something to gamble with. Contact our Title IX defense attorneys to get help now.
Who is investigating?
In criminal court law enforcement is responsible for collecting the evidence.
How do they prove it?
In a Title IX hearing the standard of proof must be pre-determined by the institution, but it can vary from campus to campus.
In criminal court, the prosecutor must convince the court that the defendant is guilty beyond any reasonable doubt.
Who makes the judgement?
In a Title IX hearing a panel of administrators, selected by the school, determine the outcome of the investigation.
In criminal court there is a judge or jury that makes the final decision.
Title IX Attorneys
We have a national practice serving as student advisors in Title IX proceedings, with a resume that includes representing students at more than 135 colleges and universities across the country. Working with these students is our passion. The newly released Title IX regulations require schools to provide students with trained student advisors or Title IX lawyers who are able to conduct cross-examination in live hearings.
Our dynamic team of Title IX attorneys is devoted to protecting students’ futures by serving as student advisors during misconduct allegations and helping them navigate and understand the Title IX process and applicable policies. Our practice has earned a national reputation, and we are regularly hired as student advisors for campus Title IX investigations and hearings.
Important to know:
Title IX FAQs
What are the new Title IX regulations?
The new Title IX regulations have the effect of law and provide greater due process rights to all parties involved in campus Title IX proceedings. There are significant changes in the new regulations regarding the scope of campus Title IX policies and the processes used by schools when responding to Title IX complaints.
My case began prior to Aug. 20, 2020, how do the new regulations impact me?
What happens during a Title IX investigation?
The investigation is the process by which the school collects evidence. An investigator may be employed by the school or a third-party (typically a lawyer) hired by the school. A school may assign multiple investigators to a Title IX case, depending upon the complexity of the matter. The investigative process should be fair and equitable, which means that any opportunity a school offers to one party, it must offer to the other. During the Title IX investigation, an investigator meets with the complainant, respondent and witnesses to gather evidence.
What rights do I have if I am a complainant in a Title IX case?
A complainant is entitled to a fair and equitable process. The burden of proof rests on the school.
What rights do I have if I am a respondent in a Title IX case?
Do I need an advisor or lawyer for a Title IX investigation?
A student is entitled to select an advisor of choice. In fact, the new regulations clearly state that a school may not limit the choice or presence of an advisor. Having a Title IX lawyer serve as an advisor is important because the stakes are so high and Title IX cases have long-lasting consequences. A Title IX lawyer can assist with preparing the case to ensure that the student’s rights are fully protected and the relevant evidence is presented in a persuasive manner. If you or a loved one is involved in a Title IX investigation, contact our attorneys to discuss your case.
My school provided me with an advisor. Am I still able to retain a private advisor?
Every student going through the Title IX process should feel comfortable with his or her advisor. However, at any point in the process a student can change advisors.
What information will be shared with my parents Regarding My Title IX case?
FERPA is a federal law that protects the privacy of students’ education records. A school cannot share Title IX information with parents without the written permission of the student. While some students may not want to share case details with parents or loved ones, we encourage students to talk to their parents about what’s going on.
Can I be punished if I refuse to be interviewed or otherwise participate in the Title IX investigation?
The official answer is no. Recognizing the importance of the Fifth Amendment right to silence, the new regulations prohibit a school from drawing any inference about responsibility for a policy violation from a party’s refusal to participate in the process. However, on a practical level, respondents who do not participate in the Title IX process generally do not fare well because the claims remain unchallenged.
Can Your firm help ME even though you are not located in our state?
Yes, our Title IX attorneys represent students nationwide, and have taken on cases involving students at more than 135 colleges and universities across the country. We can travel when necessary or participate through virtual platforms.
What experience do You have handling Title IX and misconduct matters? What is Your success rate?
Our Title IX attorneys have been representing students in campus Title IX proceedings since the early days of implementation of the 2011 Dear Colleague Letter. We have represented students at more than 135 schools across the U.S. in Title IX and campus misconduct matters.
We don’t have a specific “success rate” and would be incredulous of any statistic provided by a lawyer given the unique nature of Title IX cases. A successful outcome can be many things: winning a hearing, successfully negotiating information resolution or navigating restorative justice.
Do you only represent accused students?
Historically, our Title IX attorneys represented students, professors and faculty accused of sexual misconduct and Title IX violations. However, in more recent years, our practice has evolved to represent both complainants and respondents in Title IX cases given the demand for our services. You can view our resources page for Title IX victims here.
Can I be disciplined for conduct that occurred off-campus?
Prior to the implementation of the new regulations, schools could impose discipline for Title IX violations that occurred on campus or off campus. Under the new Title IX regulations, schools only possess Title IX “jurisdiction” for incidents that occur within the school’s education program or activity, against a person within the United States. An education program or activity includes locations, events or circumstances over which the school exercises substantial control over the respondent and the context in which the harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the school. Study abroad programs are specifically excluded from the reach of Title IX. However, schools may still process such complaints outside the “jurisdiction” of Title IX under traditional student codes of conduct.
Can I be disciplined for conduct that involved someone who is not a student at my school?
A school can impose discipline under Title IX for incidents that occur within the school’s education program or activity, against a person within the United States. An education program or activity includes locations, events or circumstances over which the school exercises substantial control over the respondent and the context in which the harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the school.
I suspect a Title IX complaint may be filed against me. Is there anything I can do in advance of a complaint being filed?
If you suspect a Title IX complaint may be filed against you, contact a Title IX lawyer to begin determining what evidence may be relevant and useful. If you believe you may be involved in an investigation, you may also find our Title IX Crisis Management Plan helpful.
How long do Title IX investigations take?
Students accused of campus sexual misconduct and Title IX violations can face investigations, hearings and other disciplinary procedures that can last for more than a year.
What is the role of a Title IX defense lawyer?
An experienced Title IX defense lawyer can help a student navigate the investigation and related processes and ensure that your rights are upheld. Your Title IX lawyer serves as a middleman for communication as well as an aggressive advocate for your legal rights throughout the Title IX process. Additionally, a Title IX defense attorney can file a complaint with the Department of Education’s Office for Civil Rights or file litigation on your behalf if the university fails to provide the protections to which you are entitled as a Title IX defendant.
How can I sue my school if I am not satisfied with the Title IX outcome or process?
In order to determine whether you may have the ability to initiate litigation against your school, please call one of our Title IX attorneys to discuss your case further. Generally, in order to bring litigation at the conclusion of a campus Title IX proceeding, all administrative avenues (such as appeals) must be exhausted.
What are examples of Title IX violations?
Some examples of Title IX violations include:
- Campus Sexual Assault
- Sexual Harassment
- Sexually suggestive jokes
- Inappropriate touching
- Aggressive or unwanted sexual advances
This is not an exhaustive list. If you have questions or have been accused of at Title IX violation, contact our lawyers today.
Do YOU ever represent organizations?
Yes, our Title IX lawyers have experience representing student organizations. Please call us to discuss your case further.
Are Title IX investigations public?
What is the "preponderance of the evidence" standard?
Schools must abide by the “preponderance of the evidence” standard when it comes to Title IX allegations. This requires that they treat the Title IX allegations as if they probably happened as opposed to considering that the allegations happened only if the evidence suggests so “beyond a reasonable doubt.” It is important to note that each and every Title IX allegation made is taken seriously and investigated, even if the misconduct allegation is false.
See What Our CLients are Saying about our title ix attorneys
We will be forever grateful to you for engaging with us to assist our son...
Kristina and Susan are very competent ...
Susan Stone and Kristina Supler represented our male college freshman...
against a false Title IX claim of non-consensual sexual intercourse. Current Title IX laws are strongly slanted in the accuser’s favor, and our son was denied due process by the university. This legal team expertly highlighted the accuser’s false accusations, while exposing the university’s many inconsistencies. They were there when we needed them – quick to take our phone calls or respond to our questions and concerns. Without their expert legal advice, our son would have likely been another silent and unfortunate victim of current Title IX university policies. We give Susan and Kristina the highest of recommendations!
I was a member of a fraternity at a public university...
that was kicked off campus for reported hazing. My involvement with the fraternity was unaware of any misdeeds being done, and was shocked when the school charged me with failure to report hazing. That’s when I contacted Susan and Kristina, who were extremely helpful and wonderful to work with. Thanks to them they helped guide me through collecting proof of my innocence, which ended up leading to the result we wanted of no charges against me. I highly recommend their service to anyone who might need it!
You are the utmost professional counselor...
ServicesK-12 Student Defense
KJK’s Student & Athlete Defense practice group is here to protect your child’s future. Defending students of all ages, our team is here to make sure your family is given fair treatment when it comes to disciplinary actions issued by your school district.
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