An experienced Title IX Lawyer Tampa should be contacted if you or someone you love has been accused or suspected of sexual misconduct. Your attorney will assist with all aspects of the case, including the initial investigation as well as the hearing. They can also act as a liaison between the college or university and other parties and law enforcement agencies.
Your Rights during the Title IX Investigation
An interview of both the complainant or defendant is the first step in a Title IX inquiry. The interview is usually conducted by a neutral investigator, who is available to both parties. During the investigation, any relevant evidence is gathered and the investigator prepares a report.
The length and complexity of the complaint will determine how long the investigation can take. If the matter settles without a hearing, both parties must be notified of the resolution. This notification is called an “informal determination”.
Your right to a fair hearing
Title IX law requires that both parties to a Title IX complaint have equal access to a hearing. This is called “due process”. Due process is the set rules that protect all those involved in a dispute, no matter what the outcome. Our trial attorneys will protect your due process rights throughout the entire process.
Your Right to Appeal a Title IX Decision
Many schools and colleges offer appeals to Title IX decisions. This is because both sides should be treated equally by the Office of Civil Rights. If there is a procedural error or previously unavailable evidence that has an impact on the outcome of a case, it may be necessary to appeal the decision.
Appeals are often filed with the OCR, which will make a determination about whether the school or college violated federal guidelines and regulations. The OCR will generally rule in favour of both sides if there is a reasonable basis to the original decision and sufficient grounds for review.
Your Right to A Free Consultation
If you have been convicted of a sexual crime, the school must offer you a free consultation. This includes an explanation of the allegations against you and what the disciplinary proceedings entail. This is a crucial step that can prevent the school compromising your rights.
Your Rights During the Title IIX Investigation
A Title IIX investigation, which is distinct from most universities’ internal discipline procedures, can pose a serious threat for your education. It could lead to expulsion or suspension from the school. Legal representation is essential during these proceedings as the consequences of a conviction could be life-altering.
Your right to a defence during the Investigation and Hearing
At any stage of the investigation and hearing, both complainant and defendant have the right to be represented by an attorney or advisor. At a hearing, both parties can ask questions about the incident to witnesses and have their advisors cross-examine them. This is an effective way to test witnesses’ credibility and to verify that your evidence is correct.