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Title IX is a civil rights law that prohibits sex discrimination at schools receiving federal funding. Schools have established procedures for investigating and resolving complaints of Title IX violations, including sexual harassment or sexual assault. These cases, which can result in disciplinary measures being taken against an accused student, follow a multi-step process that can take weeks or months. If you are facing Title IX charges, you need to prepare yourself at the earliest possible stage.
Each school creates its own Title IX process, which must meet minimum standards required by federal regulations. Title IX proceedings are civil in nature. An accused student does not have all the rights afforded to defendants in criminal cases, such as the right to cross-examine the complainant. Also, the standard of proof for establishing a Title IX violation is a preponderance of the evidence, not proof beyond a reasonable doubt. There need only be a 51 percent likelihood that a violation occurred.
Although procedures vary school to school, there are typically six major steps in a Title IX case:
The respondent usually can appeal an adverse decision to a separately appointed committee. Depending on the school, appeals might be limited to showing procedural error, bias or unfairness.
Tylden Shaeffer, Attorney at Law, P.C. in San Antonio is highly experienced in representing students throughout south central Texas in Title IX cases. If you or a family member is facing a Title IX charge, contact us online or call (210) 227-1500 for a free initial consultation.