Title IX violations may include:
Sexual Harassment
Federal law prohibits sexual harassment in educational institutions that receive federal funding. Sexual harassment can occur in several different ways, including the following:
- Unwanted or unwelcome sexual conduct
- Unwanted or unwelcome sexual advances
- Requests for sexual favors
- Verbal, non-verbal, or physical sexual conduct
- Sexual harassment between students
- Sexual harassment between faculty and students
The consequences for a sexual harassment charge will vary based on the circumstances, some of which may include:
- Probationary period imposed by the school
- Mandatory completion of sexual education courses
- Suspension
- Expulsion
Sexual Assault
It’s important to understand that a sexual assault allegation is one of the most serious charges you can face under Title IX. How you respond to allegations can influence the trajectory of a case and public opinion.
To constitute a sexual assault violation, complaints may include the following:
- Physical sexual acts perpetrated against a person’s will
- Violations of lack of consent policies
- Date rape
- Sexual acts committed against a person too intoxicated to give their consent
Stalking
Stalking is defined as engaging in actions toward a specific person that reasonably causes them to fear for their safety and suffer significant emotional distress. Title IX specifies that the following may lead to a stalking violation:
- Two or more acts where an alleged stalker follows, observes, or threatens an individual or interferes with their personal property
- Creating fear and distress in a person that would cause a “reasonable” person to feel the same way in the same situation
- Causing mental anguish or emotional suffering in an alleged victim as a result of the misconduct, whether treated professionally or not
Students facing allegations confront harsh social stigmas, the burden of having to defend against allegations in a formal setting, and penalties.
In most cases, the educational institution will have a policy that permits the school to share its investigation and findings with law enforcement. In some instances, there may be a corresponding investigation by law enforcement and criminal proceedings. However, being charged with a crime is not a requisite for a school to open an investigation.
As required by Title IX, schools must have their own grievance process and provide a prompt and fair resolution of complaints. It is the school’s burden to reach a fair determination as to whether a violation occurred.
What Are the Penalties for a Title IX Violation?
Students who are accused of Title IX violations may be facing severe and life-altering penalties such as:
- School probation and suspension
- Expulsion from college or university
- Sex offender registration
These penalties can have a devastating effect on one’s educational and career goals, as well as their personal lives and reputation.
Ambiguous Affirmative Consent Policies
Due to pressure by the federal government, many schools have imposed rules on their faculty and students concerning the type and nature of consent that is required before any sexual activity occurs.
All of the following colleges and universities in Minnesota have some type of sexual consent rules:
- Univ. of St. Thomas
- Concordia University
- Macalester College
- St. Olaf College
- Gustavus Adolphus College
- Carlton College
- Hamline University
- Augsburg College
- St. Catherine College
- St. Scholastica College
- University of Minnesota
(all campuses) - Minnesota State Colleges and Universities
(all campuses)
Consent policies and rules vary from school to school and may be difficult to understand. For example, most policies state that consent cannot be obtained if the person is "unable" to consent, but they never clearly define what “unable” means. This is especially problematic when the parties are consuming alcohol.
Can a person who is "buzzed" or "light-headed" consent? What if a person is drunk but does not show any signs of intoxication so no one knows that they are drunk? Ultimately, anyone’s common sense understanding of consent may be quite different than how a college defines consent.
Many schools have rules which require both parties to express consent through clear and unambiguous words or actions. Absent that, it could fall under the school’s definition of sexual assault.
Our Minnesota Title IX defense attorneys at Tamburino Law Group understand this and know how to protect the rights of accused students in these situations.
Title IX Processes in Elementary Schools
Controversially,many lower educational systems, even some elementary schools, have chosen to adopt similar protocols for incidents involving children aged 10 or older, even if they are not mandated to under Title IX. Many parents are shocked that a school would force a young child to go through a Title IX proceeding, especially because the average 10-year-old likely has no conceptual understanding of the administrative processes involved, much less what might constitute sexual harassment or assault. Despite the likelihood of an elementary student not being able to comprehend the accusations and the potential penalties, and the risk of unfairly labeling these children as sexual predators at such a young age, some elementary schools in Minnesota and beyond are reportedly already using Title IX procedures for elementary school cases or are on track to start using those procedures soon.
Thankfully, Title IX does not bar the accused from retaining legal counsel and representation, including cases involving elementary school children. If your child has been accused of sexual misconduct and you are shocked to find that the school intends to use the full Title IX administrative process against them, possibly doing severe damage to their educational opportunities at such a young age, please call (612) 444-5020 to speak with our Title IX defense attorneys right away. We know how to work with children and handle such a sensitive manner respectively to mitigate any fears and worries you and your family are feeling right now.
How Does the Title IX Process Work?
The basic mandate of the Department of Education is that the educational institution investigates all sexual misconduct allegations made against a student, whether the incident occurred on or off campus.
Title IX can be initiated under several different circumstances, for example: (1) any time a school policy violation involves a student, faculty, or volunteer; (2) when alleged policy violation occurred on campus or at a school-sponsored event; (3) when the school believe a safety concern affecting the school environment is present.
The process of the institution varies from school to school. However, there are parameters that the university or college must implement.
When university or college officials receive a complaint, they must notify the student that a complaint has been made, the parties involved, the specific section of the code of conduct violated, and the precise conduct constituting the potential violation, including the date and time. A formal investigation conducted by the educational institution will follow.
Who Handles Title IX Proceedings?
Once an individual brings forth allegations of sexual misconduct against another, Title IX requires colleges and universities to launch an investigation into the matter. Specifically, the law compels schools to set up their own system of investigating reports of sexual violence, interviewing the accused student and accusing student, interviewing suggested witnesses and, if a policy violation is found, subjecting the accused student to a disciplinary hearing.
The fallout from these hearings may have serious consequences on the accused student’s future prospects, including expulsion from the school and possible criminal charges.
Under Title IX, the individual who brought forth the allegations has the option to include the police. If they choose to do so, a criminal investigation will be opened. Often, schools and police work together and share information. In this situation, legal representation becomes vital. An experienced criminal defense attorney can help you understand and defend your rights while protecting your best interests.
Upon completion of the investigation, the university or college must issue a formal report summarizing both inculpatory and exculpatory information gathered. From this report, a decision maker must make a conclusion as to whether the facts support a finding of responsibility or no responsibility.
If there is a finding of responsibility, there will be a disciplinary sanction. There may be a right to appeal the decision; however, that will vary from institution to institution.
Do You Have the Right to an Attorney During the Title IX Process?
The mandate from the Department of Education currently does not require the institution to allow an attorney to participate in Title IX processes. However, it did not remove your right to have a legal advocate of your choice present. You also retain the right to hire an attorney for counsel if your child will be forced into Title IX procedures, including young children in elementary school.
In America, the criminal justice system states all people are innocent of a crime until they are proven guilty beyond a reasonable doubt; however, schools don’t have the same standard. During a Title IX investigation, policy violations are determined by a preponderance of the evidence standard, meaning “more likely than not”. Additionally, violations of a school’s policy do not have to amount to criminal conduct. Those accused of sexual misconduct are often investigated by individuals with no investigative training or experience. This practice is sponsored by school boards who often stray from their stated policies and procedures. Fortunately, there are some ways to protect yourself during a Title IX investigation.
Remember: the Title IX process is complex and administrative, and can have significant consequences for your future or your child’s education. It is highly advised that you hire a Title IX defense attorney from Tamburino Law Group, so we can guide you through proceedings and fight in your defense.
Recognize Your School Is Not Your Advocate
Student affairs offices are responsible for acting on behalf of a college in matters of student discipline. When an individual accuses someone else of sexual harassment, it is the office’s job to take immediate action based on the allegations.
During the investigative process, discipline boards may place no-contact directives, bar a student from extracurricular activities, or even place a student on suspension status. Due to the school’s obligation to investigate under federal law, the lower standard of proof, and many schools’ lax approach toward enforcing the policy and procedures, you should not assume the odds are in your favor.
Remember:
- These are not criminal cases – Unlike many may believe, Title IX hearings are not criminal cases. They are handled exclusively by the administrative body of a university or federally funded educational program. Typically, they concern the determination of whether someone violated school policies on harassment, discrimination, or sexual consent. Although these matters may result in criminal charges, criminal cases will be handled separately from Title IX hearings, if there are any at all.
- The penalties can be stiff – The nature of an allegation will always impact the type of punishment a person faces during Title IX hearings. However, it is important to understand that these matters put a lot on the line, and that penalties can be severe and life-altering. From disciplinary probation and school mandated courses to sanctions, suspensions, or even expulsion from school, the penalties can greatly affect one’s education as a student or career as a professor or administrator. These allegations alone also have the potential to affect one’s reputation.
- You have the right to representation – While some schools may attempt to handle these matters quickly by encouraging students and staff to speak candidly or attend hearings immediately, it is important to know that you have the right to representation. Remember, saying certain things to administrators can potentially incriminate yourself. Even if you believe you are innocent and the allegations are false, any statements you make can be misconstrued and interpreted as you accepting fault in the matter. Having a skilled and experienced representative by your side can ensure the correct steps are being taken, your rights are protected, and that you are in the best possible position for securing a positive outcome. Our attorneys can also provide proven legal representation in any criminal allegations an individual may face in connection to the underlying allegations.
If you or your child has been accused of sexual assault under Title IX, we suggest you take the allegations seriously. Due to government pressure and public opinion, colleges and universities often immediately launch an investigation into the matter and the process moves quickly. It’s important to have someone on your side who understands the process and can advocate on your behalf.
Learn More in a FREE Consultation
If you have questions regarding the Title IX process, our Minnesota Title IX defense lawyers at Tamburino Law Group are available to help 24/7. During a FREE and confidential consultation, we can explain the process in depth and discuss your rights and available options. We will also discuss what we can do to help you protect your future.
EDUCATION SECRETARY PROPOSES CHANGES TO TITLE IX
Recently, Education Secretary Betsy DeVos proposed new changes to Title IX that will bolster the rights of students who have been accused of assault, harassment, or rape on college campuses. The new changes will narrow the definition of sexual harassment and will only hold schools accountable for formal complaints that have been filed with the proper authorities and for misconduct said to have occurred on the school’s campus.
DeVos’s proposal will also create a higher legal standard when determining if a school improperly addressed a complaint filed by a student. The changes will end Obama-era guidelines that colleges and critics say trampled the due-process rights of students accused of sexual misconduct.
Additional Reading:
If you, your son, or your daughter is being accused of sexual assault or another disciplinary matter at college, do not delay in contacting a Minneapolis Title IX lawyer at our firm. Our office can be reached at (612) 444-5020.
