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Strengthened Title IX Rules Help With Defense Against Sexual Misconduct Charges

Title IX is a federal law that bars sex-based discrimination by any school that receives funding from the U.S. government. One function of Title IX is to discipline those who commit acts of sexual harassment or sexual assault in school.

Although Title IX proceedings can impose serious penalties such as loss of scholarships and suspension or expulsion from school, until recently the constitutional rights afforded criminal defendants largely did not apply to students facing Title IX complaints. Disciplinary hearings conducted by university personnel did not include the privilege against self-incrimination or the right to review the full complaint, to interview witnesses or to confront the complainant through cross-examination. A student could be suspended, expelled or subjected to other punishments without having an opportunity to present a meaningful defense.

These results are even more harsh insofar as a finding of misconduct in a Title IX matter can lead to a separate criminal investigation and state or federal criminal charges. False or exaggerated claims of sexual misconduct can have a detrimental effect on the lives of those wrongfully accused.

In recognition of these issues, the US Department of Education in 2020 issued revised guidelines that provide more protections for respondents in Title IX proceedings. The new rules do the following:

  • Narrow the types of conduct deemed to be sexual harassment. The prior definition was any “unwelcome conduct of a sexual nature.” Now, sexual harassment is limited to sexual conduct that is “severe, pervasive and objectively offensive.”
  • Limit disciplinary action to events that occur at school, on school property or on school sponsored activities
  • Give the respondent the right to review the complaint and list of witnesses
  • Give the respondent the right to representation by counsel
  • Require that the respondent be presumed innocent until proven guilty (as in a criminal matter)
  • Require that schools adopt a higher burden of proof, known as clear and convincing evidence, to adjudge a respondent liable for misconduct. The previous burden of proof was preponderance of the evidence, which only meant the respondent was more likely culpable than not.
  • Require that hearings be transparent and conducted in an impartial manner

The 2020 revised guidelines originally gave the respondent the right to confront and cross-examine the complainant. However, this requirement was later struck down by a federal court.

On the whole, the 2020 rules gave those accused of sexual misconduct under Title IX many of the same rights guaranteed in criminal cases. Protections such as the right to counsel and the presumption of innocence give respondents a far greater chance of establishing their innocence with the aid of a skilled defense attorney.

Tylden Shaeffer in San Antonio, Texas is a board certified criminal defense attorney with wide experience representing university students in Title IX proceedings. He works diligently to achieve the best possible results. If you or a family member is facing a Title IX complaint, feel free to contact us or call {PHONE} for an initial consultation.

Testimonials
  • "Mr Shaeffer was up front from the beginning, and I respected that. He told me they have a solid case against me. He is a very out of the box thinker, and very organized. He told me the sad reality of" - Nicoli

  • "I found Mr. Shaeffer to be very responsive, effective, and strategic. There was never any doubt in my mind that he had my best interest at the forefront of his efforts in handling my case." - Ron

  • "When you have been wrongfully accused of having an affair with a student, you must acquire legal counsel before you even speak to the police, even if you are the person who reports the rumors. Tylden Schaeffer advised me to not have a second interview with the police department and found time in his schedule to meet with me that day. After the meeting, I had a path to move forward on and that included a well written statement that Mr. Schaeffer crafted. After submitting this in lieu of a second interview with the police, there were no more problems with the school district or police department. Mr. Schaeffer did a superb job and had me resting more easily following our meetings. I would highly recommend Mr. Schaeffer to anyone in need of a Criminal Defense Attorney." - Anonymous

  • "Tylden has been nothing but excellent while representing me. He’s been very upfront, honest, and cooperative with not only myself, but with my family as well. I don’t just feel like a number, he treats you like if you’re his only client. I’d definitely recommend him to anybody I know if they are in need of legal help. 5 out of 5 stars. I highly recommend Tylden Shaeffer!" - Joel

  • "Mr Shaeffer was up front from the beginning, and I respected that. He told me they have a solid case against me. He is a very out of the box thinker, and very organized. He told me the sad reality of what could potentially be the outcome of my case, and it was dim. However he asked me what i wanted and was creative enough to deliver at an extremely affordable price. He has the knowledge to defend you, and the experience to win. I’m very happy with how he handled my case. His office is also only blocks away from the court house and he is always prompt. I don’t usually write reviews, but Mr. Tylden Shaeffer deserves to be recognized." - Nicoli

  • "When I got charged with my DWI I already expected to go through a long, painful process from the beginning. But, Mr. Shaeffer and his staff made my whole experience quick and easy with their great communication and professionalism. He was always straight forward and I could tell he had my best interest in mind. He made sure I didn’t get charged with “extreme intoxication”, while also reducing my fines and the length of my probation. I highly recommend him to anyone!" - Alex

  • "Mr. Shaeffer is a great attorney , very professional, very nice and is willing to work with you and help u threw any situation u may have or need help with . I recommend Mr. Shaeffer to anyone who needs help with any kind of legal issues or problems. Anyone who has asked me about an attorney i most definitely tell them Mr. Shaeffer and give them his info. Thank you for all your help and everything u have done for me and my family. You are a awesome attorney! Highly Recommend" - Anonymous

  • "Tylden is a fantastic attorney. He thoroughly prepared for my case and did an amazing job of relating to the judge and jury. I highly recommend Tylden. Would recommend to anyone!" - Skyler

  • "Tylden got my felony reduced to a misdemeanor. He saved my life. I didn’t have to pester him for information and updates about my case and his staff is well informed and helpful. He personally attended each and every one of my hearings and was just as concerned about restoring my reputation as I was. He recently got a motion for non-disclosure filed and approved by the judge so I will never have to admit this mistake ever happened. I would recommend Tylden to anyone! He is a highly intelligent and competent attorney. The Best!" - Anonymous

  • "I was represented by Mr. Shaeffer years ago (2004). He would travel from San Antonio all the way to Del Rio to represent me. My father and I were accused of wrong doing by federal agents and we had done nothing. We, my father and I were on trial simultaneously. We had hired an attorney and found out later he was friends with the prosecutor and wanted us to accept a plea bargain. “We did nothing wrong”, I cried to him. He insisted that we accept due to it being impossible to beat the Government. My father and I were close to giving up when we met Mr. Shaeffer. Mr. Shaeffer believed in us and fought for us. Because of him, I never saw prison walls nor was I ever away from my family. It was one of the most difficult times in my life, but thankfully we met a Godsend attorney and justice prevailed." - Anonymous

Case Results
Intoxication Manslaughter – Reduced Sentence

While client was already on probation for DWI when arrested for Intoxication Manslaughter. Client pleaded guilty to the jury and jury awarded probation where State sought prison term from the jury.

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