Seasoned San Antonio Title IX Lawyer Outlines When to Hire an Attorney

Texas defense law firm represents students accused of sexual abuse

Rather than keeping an alleged Title IX offense as a private matter to be disciplined by the school, academic institutions often share complaints with law enforcement agencies for potential criminal prosecution. At the San Antonio office of Tylden Shaeffer, Attorney at Law, P.C., I am an accomplished Texas criminal defense attorney with experience representing clients during Title IX investigations and criminal proceedings arising from sex-related charges. Knowing what is at stake for those accused of sexual misconduct, I focus on protecting each client’s rights while pursuing the best outcome available.

Trusted counselor helps clients navigate Title IX investigations and hearings

Any complaint of on-campus sexual harassment, sexual assault, dating violence, stalking or another action that falls within the scope of sex-based discrimination should be treated with the gravity of a criminal accusation. Though different standards of proof are used in Title IX hearings and criminal trials, many incidents that trigger school discipline hearings might also lead to criminal consequences, such as incarceration and mandatory registration as a sex offender.

An academic institution must establish by clear and convincing evidence that a Title IX violation occurred before enacting certain disciplinary actions, such as expulsion without refunded tuition. When serving in the capacity of adviser, I develop a thorough defense strategy to combat the complainant’s accusation. Using evidence and a strategic line of questioning, I also aim to establish that there is insufficient evidence for criminal prosecution.

Benefits of hiring an attorney as adviser during a Title IX proceeding

Both the accused (respondent) and accuser (complainant) have the right to bring an adviser to the Title IX hearing where a school decides whether to take disciplinary action against the respondent.

A Title IX adviser may be an attorney of your choice or someone appointed by the institution. Typically, school-provided advisers are not attorneys, but have simply undergone basic training in Title IX matters.

Benefits of hiring a criminal defense attorney as your adviser include:

• Confidentiality — Advisers who are not lawyers have no legal obligation to maintain confidentiality about information shared by an accused student. With attorney-client privilege, there is a guarantee that what you tell your adviser will not be used against you during a subsequent criminal investigation or civil lawsuit.
• Scope of knowledge — Non-attorney advisers provided by a school are generally limited to assisting with issues related to school policy, and not on issues of criminal or civil law. In reality, both criminal and civil trials are very possible after a school hearing. An attorney can guide you with the intention of preventing future negative consequences.
• Trial experience — The adviser who represents a respondent in a Title IX hearing is responsible for questioning the complainant and other witnesses. Skillful examination has the potential to elicit testimony that makes or breaks your case. Advisers who do not have trial experience or a legal background are unlikely to question witnesses as proficiently as a skilled litigator.

If you are a student accused of a Title IX violation, or the parent of a student facing an inquest, it is wise to speak to an attorney promptly. The accused person’s reputation and prospects may be damaged even before the Title IX hearing occurs and may continue after it ends. It is important to take swift action to prevent unwarranted harm.

Contact a determined Texas Title IX defense attorney for a free and confidential consultation

At the criminal defense firm of Tylden Shaeffer, Attorney at Law, P.C. in San Antonio, I help Texas students and their families to navigate Title IX sexual misconduct proceedings. To schedule a free initial consultation, call (210) 227-1500 or contact me online.