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Sacramento Title IX Lawyers

March 21, 2024 Uncategorized

Sacramento Title IX Lawyers: Why You Need Legal Representation

Being accused of a Title IX violation can have serious consequences for your education, career, and future. That’s why it’s critical to have an experienced Title IX lawyer on your side if you are facing an investigation or disciplinary hearing. Title IX is a federal civil rights law that prohibits discrimination based on sex in education programs and activities at schools that receive federal funding. This includes sexual harassment, sexual assault, dating violence, and gender discrimination. Universities and colleges have specific procedures for investigating and adjudicating Title IX complaints. However, these processes are often flawed and biased against the accused. An aggressive Title IX defense lawyer can help ensure your rights are protected.

The Need for Legal Representation in Title IX Cases

Here are some key reasons why you need a lawyer if accused of a Title IX violation in Sacramento:

  • The stakes are high. Penalties can include suspension, expulsion, transcript notations, or bans from campus. This can destroy your academic and career prospects.
  • The process is rigged against you. Title IX investigators and hearing panels often lack training and apply pressure to find accused students responsible, violating due process.
  • You need someone in your corner. An attorney can conduct an independent investigation, cross-examine witnesses, and present evidence to counter false allegations.
  • The law is complex. An experienced lawyer understands the Title IX grievance process and legal standards so they can effectively advocate for you.
  • You only get one shot. Without legal advice, you may only get one chance to tell your side of the story. An attorney can help you put forth the strongest defense.
  • There are options. A lawyer can identify procedural errors, bias, lack of evidence or other issues that could lead to a dismissal of the complaint.

Having skilled legal counsel levels the playing field and protects your rights in what can otherwise be a nightmare scenario if facing Title IX allegations alone.

Key Laws & Precedents in Title IX Cases

There are several important laws and legal precedents that come into play in Title IX proceedings that your lawyer will need to understand:

  • Title IX of the Education Amendments Act of 1972 – This federal law prohibits sex discrimination in education and provides the basis for dealing with sexual misconduct complaints at schools. However, the law itself does not specify procedures to follow[1].
  • The 2011 Dear Colleague Letter (DCL) – Issued guidance requiring schools to use a “preponderance of the evidence” standard in Title IX cases rather than a “clear and convincing” standard[2]. This lowered the burden of proof for finding accused students responsible.
  • VAWA Amendments to Clery Act – Requires schools to provide due process protections for students accused of dating violence, domestic violence, sexual assault, and stalking under Title IX[3].
  • California SB 967 – “Yes Means Yes” law passed in 2014 that required schools to adopt an “affirmative consent” standard in sexual misconduct policies[4].

There have also been several court cases that have shaped schools’ obligations and students’ rights in Title IX proceedings:

  • Davis v. Monroe County Board of Education (1999) – Established schools’ liability for student-on-student sexual harassment[5].
  • OCR Resolution Letters – The Department of Education’s Office for Civil Rights has issued resolution letters finding schools in violation of Title IX that also provide guidance on proper procedures[6].
  • Doe v. Brandeis University (2016) – Landmark case where a judge found Brandeis violated a student’s rights in a Title IX case by not allowing cross-examination of the accuser.

There are constantly evolving laws, regulations, and court precedents that shape Title IX processes. Having a knowledgeable lawyer who stays up to date on all of these developments is critical.

Key Defenses in Title IX Cases

In defending a Title IX case, some of the main strategies your lawyer may use include:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Procedural violations – Argue the school did not follow proper Title IX grievance procedures and seek a dismissal on those grounds.
  • Lack of evidence – Successfully demonstrate through cross-examination and presentation of evidence that the allegations lack merit.
  • Credibility challenges – Undermine the credibility of the accuser through questioning and pointing out inconsistencies in their statements.
  • Wrongful conduct by officials – Prove investigator or hearing panel bias, collusion with the accuser, or failure to objectively weigh evidence.
  • Exculpatory evidence – Present evidence like alibis, character witnesses, or text messages that exonerate the accused student.
  • Affirmative consent issues – Argue the evidence shows affirmative consent was given for the sexual activity in question.

A skilled lawyer will look at every angle of the case to build the strongest defense possible to achieve the best outcome for the student accused of misconduct.

Why Choose a Sacramento Title IX Attorney

If you are facing a Title IX investigation or hearing in the Sacramento area, it is highly advisable to consult with an attorney who has specific experience handling these types of cases locally.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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