What Schools Must Prove in a Title IX Case

Students who are accused of violating Title IX polices often feel helpless because of the numerous misconceptions around the administrative process. Our Venice Beach education law lawyer has represented hundreds of students and will make sure that your side of the story is heard. The burden of proof is on the university, not you, and we will fight allegations every step of the way.

Jurisdiction Under Title IX

Many schools overreach their authority. For an incident to apply under Title IX protections, the alleged misconduct must have occurred on campus, in a setting that affects access to campus, or during a school-sanctioned activity. For example, if your accuser is alleging sexual misconduct at a bar regularly visited by university students, but is located off-campus, the administration cannot claim a Title IX violation.

Required Elements of Misconduct

Title IX is a civil rights law that specifically protects students, faculty, and administrators from sex-based discrimination and misconduct. The school must prove that the accusations meet all elements under Title IX. Keeping with the example of sexual misconduct, examples of what must be evidence include:

• The misconduct occurred in a location protected by Title IX
• The incident was sexual or reasonably offensive
• Lack of consent
• The behavior was unwelcome

If one or more of these elements are missing, our Title IX defense lawyer will leverage the lack of evidence in your defense.

Meeting the Burden of Proof

Title IX allegations are not investigated in the same way that criminal charges are. Administrators must show that it is more than likely that the accusations are true. While this burden of proof is less than what is required in criminal proceedings, it is still a legal standard. Assumptions or circumstantial connections are not relevant.

Our education law attorney will work hard to highlight the lack of proof, such as arguing inconsistency in alleged victim statements, lack of credibility, biased faculty, and other mitigating factors.

Fair and Impartial Investigations

While schools are required to take Title IX accusations seriously, they are also mandated to conduct a fair and impartial investigation. If our defense lawyer finds that the university’s investigators acted with a presumption of guilt, failed to inform you of the allegations in a timely manner, or otherwise interrupted your ability to defend yourself, we will leverage these mistakes to argue for a dismissal.

It is also important that schools enforce policies consistently. If we uncover that you were unfairly targeted in some way or evidence that shows other students in your situation were treated differently, this may strengthen your case.

Stopping Discipline Before It Happens

The school’s Title IX decision makers only have to prove you are guilty. They do not have to build a case for your innocence. That’s why you need our Venice Beach education law lawyer by your side. We will poke holes in your accuser’s story, disprove evidence, and build a compelling argument for your innocence. Taking action now can prevent any discipline from occurring and protect your future and your reputation. If you have been notified of a Title IX allegation, call the Law Office of Alec Rose PC now to schedule a free case review.