Title IX Investigation: What to Expect and How to Prepare

Even the whisper of a Title IX investigation can shatter your academic career and future prospects before you even get started.

At Dawson Law Office, we’ve seen firsthand the impact that Title IX accusations can have on students’ lives. We’ve also seen how a strong legal defense can make all the difference in the outcome of these cases. In this blog post, we’ll explain the Title IX investigation process and give you the advice you need to protect your rights and fight for your future.

What Exactly is Title IX?

Title IX is a federal civil rights law enacted as part of the Education Amendments of 1972.

According to 34 CFR Part 106:

“no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

This rule means that colleges and universities receiving federal funding must ensure equal opportunities for students regardless of sex or gender.

Mandatory investigations

Most schools are required under Title IX to investigate and address allegations of sexual harassment, sexual assault, and other forms of sexual misconduct.

Disciplinary action against the accused student during these investigations includes suspension or expulsion from the institution.

Title IX Investigation Process

Understanding the Title IX investigation process and what to expect at each stage is necessary.

While the exact procedures may vary depending on your school’s specific policies, the following is a general overview of the process:

1. Complaint

The process begins when someone files a formal complaint with the school’s Title IX coordinator, alleging a violation of Title IX.

2. Notice

The school will notify the accused student (also known as the respondent) of the complaint and provide details about the allegations.

3. Investigation

The school will assign investigators to gather evidence and interview the complainant, respondent, and relevant witnesses. This inquiry may include reviewing documents, text messages, social media posts, and other materials related to the allegations.

4. Hearing

Many schools hold a live hearing where both parties can present their case, cross-examine witnesses, and be represented by an advisor or attorney.

5. Decision

After the hearing, a decision-maker (often a panel) will determine whether the respondent is responsible for violating Title IX based on the preponderance of the evidence standard.

6. Sanctions

If the respondent is found responsible, the school will impose disciplinary sanctions, including suspension, expulsion, or other measures.

7. Appeal

Both parties have the right to appeal the decision based on specific grounds, such as procedural errors or new evidence.

Throughout the Title IX investigation, the accused student must receive due process protections, including the right to a fair and impartial investigation, present evidence and witnesses, and have an advisor or attorney present during interviews and hearings.

Title IX and Criminal Charges

A Title IX investigation is separate from any criminal proceedings that may arise from the same allegations.

While the school conducts Title IX investigations and focuses on school policy violations, the Colorado criminal justice system and law enforcement handle the criminal part.

Investigation overlap

Sometimes, significant overlaps between Title IX and criminal cases arise. The state can use evidence gathered during a Title IX investigation in a criminal case, and the outcome of a criminal proceeding can impact the school’s Title IX findings.

You should have an overall defense strategy when facing both Title IX and criminal accusations that considers each process’s potential implications.

Building a Strong Title IX Defense

As mentioned earlier, mounting a strong defense from the outset of a Title IX investigation is necessary.

Preserve evidence

Gather and preserve evidence relevant to your defense, such as text messages, emails, social media posts, or witness statements.

Avoid making statements

Be cautious when talking to school officials or investigators without consulting an attorney. Anything you say could potentially be used against you.

Seek legal counsel

Consider retaining an experienced Title IX defense attorney who can protect your rights, communicate with school officials on your behalf, and help you approach the complex Title IX process.

Prepare for interviews and hearings

Work with your attorney to prepare for interviews with investigators or testimony at a hearing. This diligence may include reviewing relevant evidence, anticipating questions, and practicing your responses.

Consider the long-term impacts

A Title IX finding of responsibility has far-reaching consequences, including disciplinary sanctions, loss of scholarships, and damage to your academic and professional reputation.

You should take the process seriously and do everything possible to protect your future.

Why Hire a Title IX Defense Lawyer

Taking on the Title IX process alone is overwhelming, especially when your education and future are on the line.

A skilled Title IX defense lawyer can offer you the following benefits.

Protect your due process rights

Your legal counsel will protect your constitutional rights throughout the investigation and hearing process and hold the school accountable for following its policies and procedures.

Communicate with school officials

Your attorney will communicate with Title IX investigators, coordinators, and other school officials on your behalf to ensure that they respect your interests.

Develop a comprehensive defense strategy

An experienced attorney builds a strong defense by discovering evidence, identifying witnesses, and preparing you for interviews and hearings.

Negotiate for a favorable outcome

Sometimes, Title IX lawyers may negotiate with the school for a more favorable outcome, such as a reduced sanction or an informal resolution.

Coordinate with criminal defense

If you’re facing parallel criminal charges, most Title IX defense law firms can work on both cases to ensure a consistent overall strategy.

Life After a Title IX Matter

Facing Title IX allegations is an overwhelming experience, but it’s important to remember that you have options, and there is life after the matter closes.

Even if you’re found responsible for a violation, there are steps you can take to mitigate the long-term impacts and move forward with your education and career.

Comply with disciplinary actions

First, you must comply with any sanctions or disciplinary measures imposed by the school. This conformance may include completing educational programs, undergoing counseling, or serving a suspension.

Committing to learning from the experience and making positive changes can help you rehabilitate your reputation.

School transfers

If the Title IX finding results in a suspension or expulsion, consider transferring to another school to complete your education.

When applying to a new school, be honest about the circumstances of your departure from your previous institution.

A criminal defense attorney can help you work through this process and present your situation in the best possible light.

Sometimes, it may be appropriate to consider an expungement or sealing of your disciplinary record. While only occasionally possible, your lawyer will advise you on your options and assist with the process if applicable.

Under Investigation? Contact Dawson Law Office

Title IX investigations are complex and high-stakes. Don’t face your Title IX investigation unprepared. Contact Dawson Law Office today for a consultation to understand your rights and develop a strong defense strategy.