Title IX Defense
College & University Disciplinary Proceedings Related to Allegations of Sexual Assault, Stalking, Harassment, Relationship Violence and other misconduct
Facing a Title IX disciplinary hearing or investigation for allegations of sexual misconduct, harassment, stalking, or sexual assault? Contact the firm to speak confidentially with an experienced Title IX defense lawyer.
Protect your rights, your reputation, and your education with an aggressive Title IX defense.
What is Title IX?
Title IX is a federal civil rights law enacted as a component of the Education Amendments of 1972. Those amendments require that no person be excluded from participation in, denied the benefits of, or subjected to discrimination on the basis of sex under “any education program or activity receiving Federal financial assistance.” It authorizes any federal agency that provides such assistance to issue regulations to enforce the prohibition of sex discrimination and it allows termination of financial assistance when an institution does not voluntarily comply.
Under Title IX colleges and universities throughout Minnesota are required to investigate and address sexual assault cases involving their students. A Title IX investigation and Title IX hearings are separate from any criminal charge(s) that a student may face as the result of police involvement or a police report—however, if a student is charged with a criminal offense and is also simultaneously dealing with a Title IX investigation, then it is critical that all proceedings are handled competently by a skilled Title IX lawyer and with a global eye.
How does a college campus investigate a report of sexual assault, rape, harassment, stalking, or other sexual misconduct?
Title IX requires that Minnesota colleges and universities implement a system of investigating reports of sexual violence and sexual assault. While Title IX may be well-intentioned in this respect, it effectively forces colleges and universities to step into the role of the executive and judiciary, coordinating and overseeing quasi-criminal hearings with the potential to impose very strict and lifelong consequences if they are not handled correctly.. Colleges and universities may interrogate accused students and faculty members, gather statements from witnesses, interview alleged victims, collect purported “evidence” against a student, and accuse the student of committing serious offenses through a formal disciplinary hearing.
TITLE IX FIRM NEWS:
If you are accused of a Title IX violation, you have the right to an advisor, the right to a hearing, and the right to appeal.
Call 612-910-2104
But you need to move quickly, as timelines can be as short as a few days.
What are the penalties for a Title IX violation?
Depending on the nature of the allegations, penalties for students found to have engaged in prohibited conduct can include expulsion, suspension, and often involve a permanent educational black mark. Penalties for professors, teachers, and administrators can include employment termination. Although distinct proceedings from criminal charges, Title IX proceedings may also trigger a criminal investigation and criminal prosecution.
Title IX hearings that do not end in favor of the accused (with a finding of responsibility for an alleged violation) can devastate their future, putting a black mark on their educational or professional record, which, in turn, can continue for years to negatively impact their employment and career prospects. A Title IX violation can interfere with applications to graduate programs, medical school, law school, veterinary school, and in obtaining other professional degrees. Title IX violations may also be raised in future job applications, internships, externships, and entry-level and professional job placements.
Most seriously, a Title IX investigation may trigger or track simultaneously with criminal charges leveled against the student or faculty member by a county attorney’s office. Allegations of sexual misconduct or assault on a college campus frequently do lead to serious criminal charges, and frequently involve police investigation.
In those cases, the focus shifts from avoiding losing a job or expulsion from a college or university, to avoiding a criminal conviction and potential imprisonment.
The following colleges & universities in Minnesota have Title IX sexual consent policies, many of which are ambiguous, unreasonable, or even internally inconsistent:
University of Minnesota
College of St. Scholastica
Hamline University
University of St. Thomas
Augsburg College
Concordia University
St. Olaf College
Gustavus Adolphus College
University of Minnesota - Duluth
Federal Title IX regulations are updated and amended frequently, which means that the rules are always changing.
On May 6, 2020, the U.S. Department of Education’s Office for Civil Rights released new regulations regarding Title IX. In order to remain legally compliant, colleges and universities throughout Minnesota must adopt and incorporate these new regulations into their existing policies by August 14, 2020.
Read more about the new rules here
Wilson & Clas -
Written Publications on Defending Against Title IX Allegations
Attorney Andrew Wilson discusses the high stakes in Title IX misconduct proceedings on Minnesota’s college and university campuses, and the relative ease by which cases can go south if not properly handled. Read more at: High Stakes and Low Burdens: Title IX Proceedings on Minnesota College Campuses | Attorney at Law Magazine
Attorney Charles Clas offers practice tips and tricks for defending against Title IX allegations on Minnesota’s college campuses. Read more at: Practice Tips and Tricks for Defending Title IX Proceedings on Minnesota College Campuses | Attorney at Law Magazine
Attorney Charles Clas discusses defense strategies and mechanisms applicable during the “post-investigation” stage of Title IX proceedings. Read more at: ‘Post-Investigation’ Procedures for Defending Title IX Proceedings on MN College Campuses | Attorney at Law Magazine