Title IX Defense

Higher education provides you with the knowledge necessary to succeed in your future endeavors. But stepping onto a college campus also exposes you to unforeseen problems. One of these potential pitfalls involves Title IX.

What is Title IX?

All colleges and universities that receive federal funding must comply with Title IX of the Education Amendment Act of 1972. This provision requires schools to protect students from sexual harassment and discrimination in the higher education environment. As a result, each college and university has created rules and procedures that govern investigations regarding university discipline.

Since your school will not provide you with any sort of legal representation, you should consider calling an attorney if you find yourself caught up in one of these investigations. And at Blair & Kim, our team of experienced defense lawyers are ready to advocate on your behalf to protect your investment in higher education and to secure your future career.

How Does Title IX Impact my Higher Education Experience?

Although Congress intended for Title IX to protect students in their academic pursuits, the impact of this law can severely impact your academic career and future. For example, you could face university disciplinary action for any sexual contact with another person that occurred “without, or exceeded, that person’s consent.”

You could also face punishment for an act that took place off-campus and that occurred with a person who is not affiliated with your school. In addition to sexual assault, these following situations may trigger an adverse university inquiry:

• Sexual Harassment
• Rape
• Intimate Partner Violence
• Hazing
• Sex or Gender Discrimination
• Sexual Orientation Discrimination

Furthermore, the school officials investigating and assessing these allegations are untrained in the law. Consequently, you could face informal investigative procedures and will not receive the same level of due process and right to counsel guarantees that our justice system provides for criminal defendants. As a result, you could face these following penalties should your university find you responsible for the alleged violation:

• Expulsion
• Suspension
• Academic Probation
• Loss of Financial Aid
• Loss of Scholarships and Grants
• Loss of University Housing
• Fines and Community Services
• Remedial Classes, Trainings, and Workshops
• Transcript records that may prevent you from transferring or being admitted to another higher education institution
• Other penalties as ordered by the university conduct officer

Why do I Need an Attorney?

When you are accused of a Title IX violation or any other university misconduct, it is important to remember that you still have rights. However, without an attorney to help you assert those rights, you could find yourself alone against a quasi-judicial university proceeding. For example, your school may compel you to submit a statement, and you may not have access to all the evidence or the ability to confront and cross-examine your accuser.

At Blair & Kim, our office can provide you with the assistance necessary to ensure that you have an effective defense. Our experience and investigative procedures will allow us to properly advocate on your behalf by cross-examining the accuser and any other witnesses. With our knowledge of the law and experience with university disciplinary hearings, we will provide you with assurance that the evidence is properly evaluated, your privacy and confidentiality is protected, and you are thoroughly informed of the misconduct that your school alleged.

We will also provide you with the rules of the proceedings, give you understanding as to how the proceedings work, and inform you of the possible outcomes. And we can negotiate with your university to reduce or dismiss any sanctions that you might face.

The attorneys at Blair & Kim understand that your have made a significant expenditure to pursue higher education. We know that time is of the essence since a university investigation can cause you a great deal of stress from all the uncertainty. And having our office as legal counsel will benefit you down the road should you face any criminal matters related to your school’s allegations of misconduct because we are experienced with both types of proceedings.

In sum, the attorneys at Blair & Kim will appear on your behalf, provide you with legal advice, advocate for your future so you can finish your degree and achieve your goals.