What Is Title IX In The University System?
Title IX is federal policies that are intended to prevent discrimination based on sexual harassment and misconduct at the university and K-12 level. This overarching federal policy was enacted in North Carolina school systems on August 14, 2020.
What is a Title IX Complaint in North Carolina, and how does it affect me as a student?
A Title IX is a serious complaint as it involves an allegation of prohibited conduct about sexual misconduct or harassment and if the Complaint is found to be substantiated, it can lead to dismissal (expulsion) from the university or college you attend.
When consent is the issue or is “revoked.” We have dealt with numerous cases where our clients reported that the other participant was consenting only to later find out that person alleged that they had revoked consent and now are facing serious charges and allegations. It is imperative that if this is happening to you, you speak with an attorney as what happens next will have profound impact on your life.
Should I get a lawyer for a Title IX Violation?
In short, we strongly suggest that you do for several reasons:
- An experienced trial attorney can make a big difference in a Title IX hearing, often the difference between winning or losing the case.
- There are many times that there are overlapping criminal charges, such as sexual battery, second degree rape or second degree sex offense – you need to be careful what you say and how you say it as those statements can be used against you.
- Creating a cohesive strategy that will minimize your risk and maximize the likelihood of a successful resolution.
- University Advisors are NOT LAWYERS, these are staff or professors at the university and do not have formal training in law, trial skills or may not care deeply about presenting your truth and your case, ultimately to protect you.
Attorney Nielsen is a N.C. Board Certified Specialist in Criminal Law and has tried hundreds of cases and his knowledge in both reading people, creating a strategy and seeing unique solutions to difficult problems is what gives us an edge and can help you prepare for any situation that you may find yourself.
What happens in a Title IX Investigation and Hearing?
This is a key question and here is a brief breakdown of how these investigations and hearing are typically are conducted:
- A Complaint is formally filed in writing, typically with the Dean of Student Services or the Title IX coordinator at your school;
- You will be served a copy of this complaint and asked how you wish to respond, the Response is typically in writing but this is a good time to retain an experienced Title IX attorney.
- Investigator for the University will reach out to you to get your statement, ask for your witnesses (if any) and then will take your statement and go back and interview the Complainant.
- There are several rounds of interviews between you (the Respondent), the complainant and then witnesses who may be called for a hearing.
- Next, a formal report will be generated by the Title IX Investigator, both the complainant and respondent (and their lawyers if any, or advisors if they do not have an attorney) will be provided with a copy.
- Hearing – finally after the report is completed there will be a hearing wherein you and your lawyer or advisor will have a chance to cross examine the complainant, testify, put on witnesses or evidence and receive a decision by the hearing committee.
Why Title IX investigations are unique?
The UNC System and private universities all have their own independent Title IX policies, they all have a baseline, but it varies from school-to-school and having an attorney who understands how to both work within each system, develop relationships quickly and know how to try a case is imperative to your defense.
What happens if I lose a Title IX hearing?
Not only will it likely result in your expulsion or dismissal from your university or school, it may follow you as part of your academic record and you may be required to disclose the Title IX result in future applications to other universities.
What is the cost of representation in a Title IX Hearing/Investigation?
The cost may based on complexity of the case, the amount of work involved or projected, and whether there is a criminal charge being alleged as well. We do our best to make our fees fair and reasonable.
- 2022 – Western Carolina University. Client accused of second degree forcible rape in a Title IX investigation, RESULT = not responsible in Title IX hearing.
- 2021 – Mars Hill University. Client accused of second degree forcible rape in Title IX investigation, RESULT = not responsible in Title IX hearing.
2022 – Representation of a Claimant (Complainant) in a Title IX allegation. Due to the age of the client, we cannot reveal additional information.