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At the Texas criminal defense firm of Tylden Shaeffer, Attorney at Law, P.C. in San Antonio, I utilize decades of legal experience to protect the rights of students and faculty members accused of Title IX violations. An individual who is alleged to have committed sexual assault, abuse or harassment may see their career, education and social prospects threatened if they do not put up a strong fight. My priority is to help my clients protect their rights and safeguard their futures.
The Title IX statute of the Education Amendments of 1972 prohibits sex-based discrimination in educational activities and programs funded by the U.S. Department of Education. Most schools and universities must comply with Title IX, and are required to try to stop ongoing violations and prevent future instances of offending conduct.
Sex-based discrimination includes sexual harassment and other forms of sexual misconduct. A school may therefore use Title IX as grounds to discipline students, student-athletes and faculty members accused of such misconduct. The trouble is, some schools are so quick to side with accusers (called complainants) that alleged offenders (called respondents) face an uphill battle from the start.
Different institutions have different procedures for investigating and dealing with complaints of sex-based discrimination. Under federal regulations enacted in August 2020, colleges must provide a live hearing with cross-examination before enacting disciplinary measures against any accused offender. The burden of proof for establishing sexual misconduct is on the school, rather than the complainant or respondent. Unfortunately, biases may influence investigators, administrators or decision-makers at the hearing and result in erroneous outcomes that are extremely harmful to the respondent.
Both complainants and respondents may be advised by attorneys during Title IX procedures. As a seasoned criminal defense attorney, I have helped many clients fight accusations and reclaim their lives. I question accusers and witnesses during Title IX hearings and advise clients during investigations. I also help wrongfully disciplined clients to pursue damages in civil courts.
Schools across the United States vowed to clamp down on sexual assault and harassment in the wake of Obama-era tightening of Title IX enforcement, the Me Too movement and several high-profile news stories about incidents of campus rape. The new rules that went into effect in August 2020 created a standard by which schools must handle Title IX complaints, investigations and hearings.
Possible penalties that may be imposed against a student for sexual misconduct are outlined in each school’s student handbook or code of conduct. These penalties can include but are not limited to:
In addition, students and faculty members accused of sexual misconduct may face severe reputational damage, negative media attention and the loss of friendships. Job opportunities and educational opportunities may dry up upon disclosure of a past Title IX finding.
I vigorously defend individuals accused of Title IX sexual misconduct. My firm will investigate whether your rights were violated or you faced discrimination in the disciplinary process. You can rely on me to make every effort to help you avoid harsh repercussions, including criminal charges.
Practicing Texas criminal defense at the San Antonio office of Tylden Shaeffer, Attorney at Law, P.C. since 2000, I advise and defend clients accused of Title IX misconduct. To schedule your free and confidential consultation, call (210) 227-1500 or contact me online.