Navigating the unjust accusation of campus sexual is emotionally and financially daunting for students. If the sexual assault is in the form of a Title IX complaint – immediate engagement with legal counsel becomes crucial.
The Title IX hearings are often pushed through rapidly, and this can give the accused a little time to prepare. Whether it’s you or a loved one in your family who is facing this unjust accusation, you should know that the earlier you contact a skilled lawyer, the better.
Therefore, here are eight convincing reasons why you should carefully consider engaging an attorney to defend you. Let’s get into the detail:
Table of Contents
1. Everything Can Be At Stake
Sexual misconduct, harassment, or discrimination within educational institutions can put everything at stake. It is not just suspension or expulsion but other long-term severe consequences, such as your ability to graduate or find a job.
One thing you should remember is that Title IX proceedings will not go away by itself. Therefore, you must consider consulting Title IX Defense Attorneys in your state who can offer you their expertise. The attorney will advocate for severe consequences on your education and other aspects of your life.
The attorney will also ensure that the school properly respects your rights and best interests during the process.
2. The Ed’s Agenda
Under Title IX, you can find yourself losing most of your rights. The Department of Education dictates colleges and universities have a “prompt and equitable” procedure for resolving cases of harassment and violence.
The ED can also issue informal guidance as to what this procedure should look like. However, most universities adopt this in order to avoid revocation of any federal funding, such as financial aid, work-study funds, and research grants.
The ED’s process is also notorious for favouring the complaining witnesses. It can often fail to afford sufficient protection for the accused students. Therefore, you must consider hiring the most skilled IX Title attorney for your defence. The attorney will guide you and help you stand up for your rights.
3. Your School’s Motivations
If your school is conducting the Title IX hearing, it doesn’t mean your school will take your side in this matter. The school will eventually become the powerful motivator to prioritise the accuser’s interest over your interest, which isn’t a new concept.
Your school will go all the extra mile to protect federal funding and satisfy the government. If the school fails in the proceeding, it could face significant losses from private lawsuits brought by students.
If you have an attorney by your side, your school will be on notice that you care about the process and are well-educated about your rights. This way, you can save yourself from being taken advantage of by unfair proceedings.
4. The Nature of the School Disciplinary Committee
The consequences of a Title IX hearing are much more far-reaching in practice than you can even imagine. Even if you haven’t been formally charged with a crime, the school may still determine the report of sexual assault on campus merits a hearing.
This hearing is most likely to take place before the disciplinary committee and have a combination of faculty, students, and staff of the institute. Remember, the purpose of the hearing isn’t to determine your criminal innocence or guilt but to assess whether the academic consequences are appropriate.
5. Low Standard of Proof
Depending on your school process, the disciplinary committee may find you committing sexual misconduct by using only a preponderance of evidence. This standard is the lowest standard of proof, and it is used in criminal trials.
No wonder a low standard of proof is dangerous in sexual misconduct cases because there is often much evidence beyond the competing stories of the accuser and the accused.
However, your attorney will be available in their capabilities to present the best case possible in your defence.
6. Protection of Your Legal Rights
Sexual assault charges are severe offences. You won’t be able to challenge the entire system with little to no knowledge about it. However, when you have an attorney for your Title IX hearing, they will help you to challenge the system and identify the areas where your rights are abridged.
Even if the school prohibits you from bringing the attorney to the hearing, the attorney will still guide you through the process and discuss your rights. This way, you can prevent any further violation of your rights and can stand up for yourself.
7. Bring Light to the Unfair Elements
The expected consequences of sexual assault cases often lead to unfair expel, biased adjudication process, and more. This unfair element comes under the civil discrimination lawsuit, and only an experienced attorney on your side can identify it.
If you’re unfairly expelled from the school, the attorney can help you petition a court to find that your expulsion was discriminatory and ensure you are readmitted to school.
8. Prevention of Costly Mistakes
Sexual assault cases and accusations are sensitive to deal. Your attorney will advise you on how to avoid actions on comments that can negatively impact the outcome of your case. Any mistake you make unintentionally can be costly and bring severe consequences to the table.
Therefore, consider hiring a skilled and experienced attorney for the IX Title case. The attorney will preserve any evidence that is in your possession and help strengthen your case. The attorney also guides you to refrain from any further contact with the complaining witnesses or making any statement.
Keep in mind that any statement you will share on social media with any friend can be used against you and can impact the outcome of your case. It can be tempting to share information with trustworthy people in your defence. But your statement can be easily manipulated.
Therefore, consider staying silent about the situation as much as you can and let the evidence speak for itself.
Final Words:
There are a number of legal cases that might not need hiring an attorney for help. However, matters like accusations or injuries can lead to severe consequences and can put everything at stake.
You will be more prone to making costly mistakes with little legal knowledge and no expertise related to civil discrimination law. Therefore, hiring an attorney is always beneficial in your favour, and there can’t be less emphasis on it.
Facing a Title IX hearing can be overwhelming, but with the right attorney by your side, you can protect your rights, avoid costly mistakes, and secure the best possible outcome for your future. Stay informed and empowered with NextMagazine.