Being accused of violating a school’s Title IX policy can be an incredibly stressful and frightening experience. Many students find themselves navigating the Title IX investigation process without fully understanding their rights. Having an experienced Title IX lawyer by your side can help even the playing field.
In this guide, we’ll walk through some key things to know about the Title IX process at Miami colleges and universities. We’ll also discuss how an attorney can advise and defend you during a Title IX investigation.
What is Title IX?
Title IX is a federal law that prohibits discrimination based on sex in educational programs or activities that receive federal funding. Under Title IX, schools have a responsibility to address sexual harassment, sexual assault, stalking, domestic violence, and other forms of sex discrimination.
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(212) 300-5196All major colleges and universities in Miami receive federal funding and must comply with Title IX. This means having policies and procedures in place to investigate and resolve reports of sexual misconduct.
Common Title IX Violations
Some of the most common Title IX violations that Miami students face allegations of include:
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Your university has notified you that a fellow student filed a Title IX complaint alleging sexual harassment based on text messages exchanged during your relationship. The school has scheduled a formal hearing in three weeks and informed you that you could face suspension or expulsion if found responsible.
What rights do I have during the Title IX hearing process, and can the school really expel me without the same protections I'd get in a court of law?
Under the 2020 Title IX regulations issued by the Department of Education, you have the right to a live hearing with cross-examination conducted by an advisor of your choice, which can and should be an experienced attorney. The school must apply a standard of evidence consistently, provide you access to all evidence gathered during the investigation, and presume you are not responsible until a determination is made. Many students don't realize that procedural violations by the university — such as failing to provide timely notice of allegations or restricting your advisor's ability to cross-examine witnesses — can be grounds to challenge an unfavorable outcome. An experienced Title IX defense lawyer can identify these procedural deficiencies, prepare you for the hearing, and protect your academic future throughout the process.
This is general information only. Contact us for advice specific to your situation.
- Sexual assault
- Sexual harassment
- Stalking
- Domestic violence
- Dating violence
- Sexual exploitation
- Retaliation
Schools are required to investigate whenever a report of sexual misconduct is made to the Title IX coordinator. A student does not necessarily need to file a formal complaint for an investigation to begin.