Roanoke Title IX Defense Attorney
University and college students who are accused of Title IX violations will find they may not always get the due process they deserve. Title IX offenses deal with serious crimes, such as allegations of sexual misconduct. Students could be facing both criminal charges as well as student disciplinary charges. If you or your child is facing criminal charges related to Title IX disputes, then you need a dedicated Roanoke Title IX defense attorney on your side as soon as possible.
What is Title IX?
At Michie Hamlett, our skilled legal team has years of experience representing Virginia clients for all their criminal law needs, including Title IX disputes. Title IX was passed back in 1972, and states:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any education program or activity receiving Federal financial assistance.”
Title IX has been expanded multiple times and now includes the requirement to investigate allegations of sexual misconduct.
Basics of Title IX Violations
Any public or private college and university that receives federal funding is subject to Title IX requirements. Schools are required to have specific procedures in place set forth by the Office of Civil Rights of the U.S. Department of Education that deal with allegations of harassment or sexual misconduct. If a school fails to handle any allegations brought forth, it could lose its federal funding.
There are strict timelines for Title IX cases. Schools have different versions of how the administrative process works, but they all share some commonalities. For example, each school is required to appoint a Title IX Coordinator, who is the person charged with investigating and making initial determinations about any complaint of harassment or sexual misconduct on campus.
How Virginia Title IX School Proceedings Work
Some people assume that criminal proceedings and Title IX proceedings are very similar, but they are quite different. Your Roanoke Title IX defense lawyer can explain all the differences between Title IX proceedings and criminal court procedures. Unfortunately, Title IX hearings do not afford the same rights to alleged perpetrators.
In criminal cases, defendants are protected by constitutional rights, and prosecutors face a high burden of proof. With a Title IX case, the accused student is without many rights. In fact, they don’t even have a legal right to a Virginia Title IX attorney. It’s not uncommon for some schools to forbid attorneys from asking questions on behalf of a student during any code of conduct proceedings and hearings.
If you are accused of a Title IX violation, you don’t even have the right to confront your accuser either, or cross-examine them like you do in a standard criminal case. If the school determines there is misconduct by a preponderance of the evidence, they will find the accused guilty of committing misconduct.
Contact a Roanoke Title IX Defense Lawyer
If you or someone you love has been accused of a Title IX violation, you need a professional legal advocate on your side who knows how these cases work. To learn more about how we can help, contact MichieHamlett Law Firm today to schedule an initial consultation.