Our attorneys have handled numerous cases involving sexual assault misconduct and discrimination/harassment investigations into student and employee allegations. Our attorneys can serve as an advisor during the investigation, which can be challenging, including representation regarding: filing or defending a complaint; proper notice of allegations; knowledge of the correct standard of proof and the elements that need to be proven; procedures and rights related to a hearing, specifics related to cross-examination of parties or witnesses.
There are several steps to the Title IX investigation process including the filing of a complaint which is typically handled by the school’s Title IX office or by the Title IX coordinator; document holds, notifying respondents that there has been an allegation of misconduct and that there will be an investigation into the allegations; identification and notices to other potential witnesses; collection of documents and other potential evidence; interviews of the complainant, respondent and other witnesses; an investigative report; potential finding of violation; and a hearing. Attorneys can provide legal representation during the investigation, acting as advisor, and if there is a policy violation determination representation as an advisor at a hearing.
Understanding the unique legal issues and complex institutional policies and procedures involved in addressing campus sexual misconduct including retaliation related to sexual misconduct claims is crucial. Our Title IX attorneys are familiar with the investigative and hearing process and university disciplinary systems related to these types of claims. Our attorneys stay connected with the continued regulatory updates to Title IX, case law, and guidance from the US Department of Education which will impact students, employees and colleges and universities that receive federal funding.
In the event of potential Title IX disciplinary and legal action involving sexual misconduct, harassment or assault, it is beneficial to seek lawyers experienced with these types of investigations.