Wisconsin Title IX Lawyers

Dealing with a Title IX investigation can be stressful and confusing. Having an experienced Title IX lawyer on your side makes a huge difference. This article provides an overview of Title IX issues in Washington and how a lawyer can help.

What is Title IX?

Title IX is a federal law that prohibits sex discrimination in education. It covers sexual harassment, sexual assault, and other misconduct at schools that receive federal funding. All public and private colleges, universities, and K-12 schools in Washington must comply with Title IX.

Under Title IX, schools must investigate complaints, prevent recurrence of harassment, and remedy its effects. If a school mishandles a case, it can lose federal funding.

Common Title IX Issues in Washington

Some common Title IX issues that arise in Washington include:

• Sexual assault and rape allegations
• Sexual harassment by professors or staff
• Stalking and relationship violence
• Retaliation for reporting misconduct
• Failure to accommodate pregnant or parenting students
• Discrimination against LGBTQ students

K-12 schools see issues like bullying, harassment, and assault. Colleges deal more with sexual violence and lack of consent. Title IX covers off-campus conduct if it creates a hostile environment on campus.

How a Title IX Lawyer Can Help

A dedicated Title IX lawyer can provide invaluable help during the investigation and hearing process. They can:

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

• Explain the Title IX process and your rights
• Represent you in meetings and hearings
• Gather evidence and witness statements
• Cross-examine witnesses at live hearings
• Negotiate an informal resolution if appropriate
• Advise on appeals if necessary
• File a lawsuit if the school mishandles the case

Having an advocate ensures your voice is heard and your rights are protected. Title IX cases often come down to credibility, so skilled cross-examination makes a big difference.

Legal Scenario: What Would You Do?

Scenario

You are a college student in Wisconsin who has been accused of sexual misconduct by another student. The university's Title IX office has notified you of a formal investigation and scheduled an interview for next week.

Do I have the right to have a lawyer represent me during the Title IX hearing, and can the university punish me before the investigation is complete?

Attorney's Answer

Under the 2020 Title IX regulations issued by the Department of Education, you have the right to an advisor of your choice, including an attorney, at every stage of the grievance process, and your advisor can conduct cross-examination during a live hearing. Wisconsin does not have a specific state statute guaranteeing attorney participation in Title IX proceedings, but federal regulations under 34 C.F.R. § 106.45 require schools to provide equal opportunities for both parties to have advisors present. The university cannot impose sanctions until the investigation and adjudication process is complete, and you are entitled to a presumption of not responsible throughout. An experienced Title IX attorney can review the evidence, prepare you for interviews, and ensure the school follows proper procedures to protect your due process rights.

This is general information only. Contact us for advice specific to your situation.

Key Title IX Regulations

There are some key federal regulations that govern Title IX processes in Washington:

• The 2020 Title IX Rules require live hearings with cross-examination for college cases.
• The 2020 OSPI Guidance outlines Title IX policies for K-12 schools.
• Schools must use the “preponderance of evidence” standard.
• Appeals must be offered on certain bases like procedural errors.