School faculty, staff, and students facing sexual misconduct accusations under Title IX may not understand how disciplinary proceedings and investigations are different from standard court proceedings. The policies of the school guide the process along with the constantly changing government mandates.
So, are due process protections provided to those accused of violating Title IX? It depends and the accused should consult with an education lawyer near me specializing in Title IX cases. The attorney will analyze the accused’s case and ensure they take full advantage of all available protections.
Examining the Policies and Procedures of the School
The rules that govern Title IX disciplinary proceedings and investigations may vary from one school to another. Defendants can defend themselves by finding and reviewing related school documents such as codes of conduct and policy manuals that specify procedures for how Title IX complaints must be handled or establish standards for behavior. An attorney can compare the terms to know the due process protections provided by the procedures and advise the accused student on how to make sure they don’t give up their rights unintentionally.
Compliance with Current Laws
Due to court interpretations, administrative rulings, and federal regulations, determining what schools must do when sexual misconduct accusations arise can be challenging. Given the constantly changing standards of the federal government, a Title IX attorney must compare the policies of the school with current standards, so they can know if a discrepancy exists. For example, the policy manual of the school must state that the accused student may be found guilty according to a preponderance of evidence while a higher standard is required by the government.
How Circumstances Come into Play
Title IX proceedings are meant to protect the possible victims. This means that the accused student may not get the chance to confront their accuser or cross-examine witnesses presented by the accuser. Also, they may not be able to introduce certain evidence. To justify this, schools may claim that they just want to protect the privacy concerns of other students.
Those accused of violating Title IX may be granted some due process rights by the school policies and the laws. But the student may lose these rights if they don’t preserve them. Even if the accused is not allowed to have a lawyer represent them during disciplinary hearings, they can get guidance and advice from a skilled attorney. This will help them as they navigate through the proceedings and reach a positive outcome.
