What Is A Title IX College Investigation?

May 24, 2021 by

People generally believe that Title IX investigation is an initiative to provide equal opportunities to and finishing discrimination against females on a college campus. Title IX college investigation covers not just sex discrimination, but also includes sexual assault and harassment. 

State universities that do not adhere to Title IX are a risk of losing state as well as federal funding. As a result, colleges created Title IX Compliance Officers to handle grievances in such cases of sexual misconduct. 

Title IX needs colleges and universities to take an immediate step upon receiving information of harassment or assault. College investigation is necessary independent of an investigation of law enforcement, because its involvement may not relieve the obligation of the college to conduct a Title IX college investigation.

Issues with Title IX Investigations

Title IX college investigations lack because of process. Attorneys do not have the permission to speak at such hearings, and investigating officers fail to discourse favorable evidence. A college student accused of Title IX and under investigation finds himself in a difficult position as the university investigation bears a lesser burden of proof compared to that present in the modern criminal justice system.

In an investigation involving criminal sexual harassment or assault, law enforcement has to establish that some sexual contact or penetration has occurred. The crime occurred without the consent of the victim or the victim was incapable of consenting. 

In the Title IX investigation, there is a burden of establishing sexual misconduct is a mass of evidence – meaning, a piece of evidence to prove that it is unlikely that sexual assault has occurred. Moreover, when the investigators specify that they don’t have to turn over the investigation to corresponding law enforcement, they would turn it over when the law enforcement subpoenas information. 

The Course of Title IX College Investigation

Generally, students accused under the Title IX investigation immediately receive a letter of no contact from the Title IX coordinator of the university. It indicates that the complainant was allegedly involved in an act of sexual assault and the accused may not indulge in any sort of communication with the complainant, including phone calls, text messages, social media posts, and emails. 

Shortly after receiving the letter of no contact, the accused receives a letter requesting a statement and meeting from the Title IX investigator. Title IX investigators might also tell the accused about having a support individual present during this interview, but the person cannot speak. 

Is Title IX Fair?

The process of Title IX is fair towards the victim, but not towards the accused. There are many ins and outs of the situation that determines the final result. 

Role of A Criminal Defense Attorney

A criminal defense attorney represents students accused of Title IX – sexual misconduct. Priority is to prevent an immediate arrest and ensure that the student stays in school. The role of an attorney is also to educate a student about felony conviction and/or placement on the registry of a sexual offender and how it could ruin the future of a student. 

The defense attorney walks the fine line to keep a student (client) in school and cooperate with the process of investigation without risking the client of more criminal charges. 

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