Criminal Defense Lawyers

Raleigh Title IX Defense Lawyers

Raleigh Title IX Defense Lawyers

Title IX is a really important law that says schools can’t discriminate against people because of their gender. It was passed in 1972 and applies to all schools that get federal money, which is pretty much all of them. The main goal is to make sure girls and boys get treated fairly and have the same opportunities in school.

At NC State in Raleigh they have a whole Office for Institutional Equity and Diversity that deals with Title IX. People can contact them if they think their rights under Title IX got violated. For example, if someone got sexually harrassed or assaulted, or if a girl wants to try out for the football team but the coach won’t let her. The office will investigate and try to fix the situation.

NC State also has an Office of Student Conduct that works on Title IX too. Part of their job is educating students about consent and sexual misconduct and all that. They want students to know their rights and responsibilities when it comes to stuff like harrassment, assault, stalking, etc. The office can also do investigations and hearings for Title IX complaints.

Besides schools, Title IX applies to lots of youth programs too, like sports leagues and summer camps. This article from the NC Coalition Against Sexual Assault talks about how the law covers pretty much any program that works with kids and teenagers. Even things like 4H clubs and the boy scouts have to follow Title IX rules.

When someone reports a Title IX violation, the school or youth program has to investigate. If they find evidence of discrimination, they need to fix it. Sometimes they have to make policy changes or do training to prevent it from happening again. If it was an employee who broke the rules, they might get fired.

But investigations aren’t always fair. These Raleigh lawyers wrote about how Title IX investigations can be biased. Schools want to protect their reputation, so they might not do a thorough investigation. Or they might punish someone just to show they’re “doing something” about the issue.

Students accused of sexual misconduct can get in big trouble, even if they’re innocent. Their school might kick them out without letting them share their side of the story. So it’s important for them to get a lawyer to advocate for their rights. False accusations happen, and schools don’t always care about finding the truth.

Advocacy groups like the Falcons for Title IX at St. Augustine’s University help students understand the complaint process. They also push for improvements when investigations aren’t conducted properly. Students shouldn’t have to worry that they’ll get railroaded if they report discrimination or harassment.

The UNC school system has a whole Title IX office too. They make sure all the UNC schools are following the law and handling complaints appropriately. The office provides training for staff and students on things like recognizing sexual violence, reporting obligations, investigation procedures, etc.

Overall Title IX has done a lot of good over the past 50 years. Women have way more opportunities in education thanks to it. But there’s still work to be done. Policies aren’t always enforced consistently or fairly. And many schools don’t respond adequately when students report harassment or assault. Advocacy and oversight are important to keep improving enforcement of this important civil rights law.

Defending Against Title IX Allegations in Raleigh

Title IX is a federal law that prohibits sex discrimination in education. It covers sexual harassment, sexual assault, and other sexual misconduct at colleges and K-12 schools. Students accused of violating Title IX policies at schools in Raleigh can face serious consequences like suspension, expulsion, or having the incident noted on their academic record.

Some common allegations that can lead to Title IX investigations and discipline at Raleigh schools include:

• Sexual assault
• Sexual harassment
• Stalking
• Dating or domestic violence
• Non-consensual sexual contact
• Recording or distributing intimate images without consent
• Unwanted sexual advances
• Sexual exploitation

Schools must investigate when a Title IX complaint is filed. The standard of evidence is usually “preponderance of evidence,” which means it is more likely than not that the misconduct occurred. This is a much lower bar than the criminal standard of “beyond a reasonable doubt.”

That is why having an experienced lawyer to defend against Title IX allegations is so important. The consequences are serious, and the standard of proof is relatively low compared to criminal court. An attorney can review the evidence, prepare a strong defense, cross-examine witnesses, and advocate for your rights.

Common Defenses in Title IX Cases

There are several legal defenses that skilled lawyers use in Title IX proceedings:

• No policy violation – Argue the conduct did not actually violate school policy or Title IX regulations based on the specific definitions.
• Consent – Consent is often a central issue. The accused can argue the encounter was consensual.
• Mistaken identity – Assert the accuser misidentified the perpetrator and has the wrong person.
• False allegations – Provide evidence the accuser is lying or has motive to fabricate allegations.
• Substance abuse – Argue substance use prevented the accused from forming necessary intent.
• Retaliation – Show the complaint was filed as retaliation for a separate grievance between the parties.

In addition to these defenses, lawyers also look closely at procedural problems with the school’s Title IX investigation. Examples include lack of notice about allegations, evidence not shared with accused, inability to cross-examine witnesses, investigator bias, and other flaws in the process.

Pointing out these procedural defects and violations of Title IX rules can get cases dismissed even when the facts are unfavorable.

How a Lawyer Can Help

Having an attorney in your corner during a Title IX case can make all the difference. An experienced lawyer will:

• Review all the evidence and records
• Identify inconsistencies and credibility issues with witnesses
• Develop a theory of defense showing your side of the story
• Cross-examine the accuser and other witnesses at the hearing
• Object to procedural violations
• Argue to get the case dismissed for lack of evidence
• Negotiate a fair resolution to avoid a hearing
• File appeals if necessary

Navigating the Title IX process alone can be intimidating. Having an advocate ensures your rights are protected. Your lawyer will also communicate with the school’s Title IX office on your behalf.

Avoiding Criminal Charges

Some types of sexual misconduct prohibited under Title IX are also crimes under North Carolina law. Examples include rape, sexual assault, stalking, and recording or distributing intimate images without consent.

If the school believes potential criminal conduct occurred, they may refer the matter to Raleigh police for investigation. The Title IX and criminal cases can then proceed at the same time.

Having a lawyer ensures your rights are protected in both the school disciplinary process and criminal system. An attorney can work to avoid criminal charges by arguing against referral to police. If charges are filed, the lawyer can defend against them in court.

Get Experienced Legal Help

Facing Title IX allegations can have devastating consequences for your education, future career, and reputation. These cases turn on witness testimony and credibility – having an advocate can make all the difference.

An experienced Title IX defense lawyer will protect your rights in the school disciplinary process while working to avoid criminal charges. Don’t go it alone against the school’s Title IX office without the power of legal representation on your side.

Sources

U.S. Department of Education Office for Civil Rights. A Training Guide for Administrators and Educators on Addressing Adult Sexual Misconduct in the School Setting

North Carolina State University. Title IX | Office for Institutional Equity and Diversity

North Carolina State University. REG 04.25.08 Title IX Sexual Harassment Resolution Procedure

Roberts Marcilliat & Mills PLLC. Examples Of Sexual Misconduct