Negosentro | Why do you need expert legal aid in fighting Title IX cases in the States? | Anyone dealing with a Title IX investigation across any college or university campus in the United States knows how legally and emotionally challenging it can be for the accused. An experienced Title IX lawyer can help you navigate the complexities of the law.
Let’s find out more!
What is Title IX?
It is a part of the federal Civil Rights Law, the Education Amendment Act 1972. It intends to address sex-based discrimination as well as the cases of sexual misconduct on the campuses receiving Federal financial assistance.
The students accused of Title IX violations are mostly involved in cases of alleged sexual misconduct on campus. These involve instances of sexual harassment, non-consensual sex, and the like. Though the law is well-intentioned, legal experts opine that it has its flaws.
What are the issues in the Title IX investigation?
The major issue in a Title IX investigation is that the complainant’s interests are closely aligned with that of the school. This is inevitable given the close linkage of federal fund disbursal to compliance with Title IX.
However, the interests of the respondent are often not given due weightage in the investigation proceedings. Coupled with the emotional and social pressures surrounding the allegations, the accused is placed in a highly unfavorable position while defending himself/herself.
How can an expert Title IX lawyer help?
Given the incidence of ill-suited advisors at the school to aid the accused, an expert Title IX lawyer is needed to defend the accused effectively.
According to the Justice Department, Title IX cases do not go to criminal prosecution 80% of the time. It is reassuring to know that the investigation is carried out at the school level. In such a case, the burden of proof is far lesser than the criminal prosecution – colloquially called ‘50% and a feather’.
In most cases, the exact nature of the allegation in itself is confounding. In rare cases, an experienced attorney is needed to convince law enforcement that there is no criminal case to be pursued.
Further, an expert Title IX lawyer can tactfully engage with all the parties at school. It includes campus police, general counsel, Title IX coordinators among others.
Given the complex emotional and legal issues in a Title IX investigation, an experienced Title IX lawyer can uphold the rights of the accused and ensure a fair trial in cases of sexual misconduct.