Title IX is a federal civil rights law passed as part of the Education Amendments of 1972 that aims to provide equal opportunities, end discrimination, and prevent sexual harassment and sexual violence in schools. It is an allegation that parents and students should take seriously to avoid harsh punishment from school and/or criminal charges. If you are a student or the parent of a student that has been accused of a Title IX violation, you should immediately contact a knowledgeable defense attorney who has experience with Title IX allegations.
Where does Title IX apply?
Title IX applies to any institution that receives federal financial assistance from the Department of Education, including both state and local educational agencies- both of which must operate in a nondiscriminatory manner.
What is required by Title IX?
Under Title IX law, the primary responsibility of an educational institution is to respond promptly and effectively after hearing of an alleged violation. If the school fails to take necessary action to stop the Title IX violation or to prevent future violations of the same nature, that school can be implicated in the violation.
Those accused of Title IX violations are subject to severe punishment including:
- Suspension from his or her educational institution
- Expulsion from his or her educational institution
- Placement on a sex offender registry
- Criminal prosecution
Code of Conduct Violations
Every academic institution varies, and colleges have their own set of rules that they expect their students to abide by. Upon acceptance to the school, it’s not uncommon for you to acknowledge you understand the campus rules.
In our experience, the multitude of rules on campus leads to Code of Conduct violation charges. Depending on the severity, you may find yourself or your student at risk for suspension or expulsion from the institution. Of course, students may find themselves in more than on-campus trouble for these serious charges.
Common Code of Conduct violations that relate to Title IX issues are:
Allegations of Domestic Violence, Intimate Partner Violence, or Dating Violence
Colleges may take disciplinary actions for alleged behavior against current or former romantic partners, intimate partners, or spouses. A conduct violation here generally includes physical or sexual violence. However, some institutions will also include verbal or psychological abuse.
Rape and Sexual Assault Charges
Some universities have a separate violation for rape or sexual assault. Every institution will vary as some limit rape to intercourse between a man and a woman. Other campuses will include broader acts of intercourse and same-sex provisions. Many schools have sexual assault conduct rules that include touching a person’s intimate parts without consent.
Students may face disciplinary action for sexual harassment. Some schools base their determinations based on how the alleged behavior impacted the victim’s learning, ability to live or work on campus living, and/or access to on-campus resources.
Other common ethics violations on campus include:
- Alcohol (DUI arrests may also qualify)
- Drug Violations
- Disruptive Conduct such as obscene language or even public indecency
- Hate Crimes
- On-campus Violence
- Fraud and Forgery
Depending on the severity of the code violation, the school may involve local law enforcement. In this case, immediately contact an experienced defense lawyer.
What is a criminal defense attorney’s role in Title IX allegations?
Those accused of Title IX violations are in a difficult position, which is why the guidance of an experienced criminal attorney is critical to the outcome of the case. A criminal defense attorney’s first priority is to avoid arrest and the second is to help you remain in school.
At Stechschulte Nell, we understand the unique circumstance of Title IX allegations and do everything we can to reach a favorable outcome for our clients. As your attorney, we:
- Advise students on how a felony conviction or placement on the sex offender registry can negatively impact their future.
- Cooperate with Title IX investigators without putting our clients at risk for arrest.
- Advise our clients to not answer questions asked by Title IX investigators *Most accused students are unaware that anything they say could result in suspension, expulsion, or criminal charges (should law enforcement get involved).
Should the case go to a Title IX Hearing and or Law Enforcement for Criminal prosecution/arrest, Attorney Ben Stechschulte will vigorously defend your case and demand that all university and police authorities hand over the evidence they intend on using against you. We will inspect the evidence and if needed we will provide additional evidence on your behalf to show that you should not be removed from your University and or arrested for a crime.
Call an Attorney for Title IX Violations
Title IX violations are a nightmare situation for all parties involved. If you are a student or a parent of a student who has been accused of a Title IX violation, call the law firm of Stechschulte Nell today at 813-280-1244 to schedule a free case review. At our firm, you will receive personalized, one-on-one representation. Our top-rated South Tampa, Florida defense lawyer will do everything possible to keep you in college.