Are you a college student or student-athlete? Have you received a notice about a Title IX Investigation against you? Has your college student been falsely accused of sexual misconduct? We work with students and professionals accused of sexual harassment, sexual misconduct, and violations of the College or University Code of Conduct and Title IX.
An Asheville Title IX defense lawyer at Edwards Law will work hard to find the truth in your case. We work with families and students to make sure there is strong support to help minimize the impact of the allegations against you.
Every case is different, and responding to complaints requires a personalized and strategic approach. Edwards Law will work directly with the student and family to develop the most viable defense against the allegations against you.
Doug Edwards will work hard to find the truth in your case. We work with families and students to make sure there is strong support to help minimize the impact of the allegations against you. Every case is different, and each approach in responding to complaints requires a personalized and strategic approach. Edwards Law will work directly with the student and family to develop the most viable defense against the allegations against you.
Over the last number of years, the attitude around student conduct has changed dramatically. As a result, there are far more student disciplinary proceedings, which can carry significant consequences, including suspension or expulsion, even if no criminal charges are filed.
Any student, full-time or part-time, is subject to their College or University’s Student Code of Conduct, which includes violations of Title IX. Code of Conduct or Title IX charges can, and frequently do, arise from on-campus or off-campus behavior. The allegations can be made by another student or even a non-student.
It is important to understand that the Student Code of Conduct disciplinary proceedings and Title IX proceedings are handled differently from school to school. It is critical that you speak with an experienced Title IX and student disciplinary lawyer immediately.
Once you believe you may be subjected to college disciplinary proceedings or a Title IX investigation, call Edwards Law immediately to begin preparing a viable defense to the allegations.
Title IX is a federal law created as part of the Education Amendments of 1972 that protects all students and employees from gender discrimination, sexual harassment, and unlawful retaliation. Title IX applies to colleges, universities, and any educational institution that receives federal funds including public elementary, middle, and high schools. Edwards Law attorneys represent and advise students facing Title IX and Student Code of Conduct allegations or hearings.
Examples of Title IX Violations include:
If you have been accused of a Title IX violation, you have rights that you should be aware of before moving forward in the process without speaking to a Title IX, Student Discipline, or Campus Code of Conduct attorney.
Both those who file Title IX complaints and those responding to the allegations also called a respondent, have the right to choose one individual to serve as their advisor throughout the investigation process. The right to an advisor, or Title IX lawyer, is one that you should take advantage of to effectively navigate through the challenging process of Student Discipline, Title IX, or Student Code of Conduct.
If you have been accused of a Title IX violation, you also have the right to a pre-determined standard of proof, a complete and detailed notice of allegations, live hearings, the right to have an advisor, typically an attorney present, and the right to cross-examine witnesses against you. It is critical that you contact an experienced Asheville Title IX defense lawyer immediately upon notice of the investigation.
Students who are accused of sexual assault on campus, or at an institution-sponsored event, are entitled to the right of due process under Title IX. Due process is a requirement that Title IX allegations be resolved according to established rules, principles, and processes that ensure fair treatment. As your advisor, Doug Edwards will fight to ensure that you receive fair treatment as required by law.
During a Title IX investigation, the school will collect evidence. Typically, an investigator who is either employed by the school or hired as a third party will investigate the case. During a Title IX investigation, an investigator will attempt to meet with the complainant, respondent, and witnesses to gather evidence.
It is important to understand that those alleged to have violated Title IX are presumed to be not responsible, and the burden to prove the violation is on the school. A respondent is entitled to a fair and equitable process, also known as due process.
It is critical that as soon as the student or parent believes that a Student Code of Conduct or Title IX investigation may occur that you quickly consider your options for representation. With a Title IX defense, you will want to find a professional who understands your needs and understands what is at stake.
College and University Title IX and Student Code of Conduct investigations will differ depending on which college, university, or campus the allegations arise. In other words, the rules, procedures, and standards used in Title IX or Student Discipline hearings will depend on your school. Edwards Law will work diligently to defend students all through the Title IX process.
If you have been accused of sexual assault or other campus-related offenses, you must understand the differences between criminal charges and Title IX investigations. Title IX investigations are not criminal cases. Title IX investigations are administrative in nature, while criminal charges involve law enforcement, prosecutors, and the courts. There are very important differences that students should be aware of, such as:
A Title IX investigation and a criminal case, arising out of criminal charges, are different. Both cases may involve the same allegations, and the same people, including the complainant, law enforcement officers, and school personnel. A Title IX case is an administrative proceeding that can have serious consequences for the student.
A Title IX case can impact an accused student’s educational record and enrollment status. A criminal case involves charges that are filed against the student and is prosecuted in court. While Title IX cases can affect the student’s ability to attend the institution, a finding of responsibility will not result in criminal sanctions, such as a prison term or involvement with the criminal justice system. However, if an accused student is convicted of a criminal offense, the student may be sentenced to a term of imprisonment, sex offender registration, among other sanctions.
Additionally, the burden of proof in a Title IX case and a criminal case is different. Generally, the burden of proof in a Title IX case is preponderance of the evidence. In layman’s terms, the standard of proof is more likely than not. In criminal cases, the burden of proof is beyond a reasonable doubt, which is the highest-burden recognized in the law.
Do not think that just because there is a Title IX investigation is underway, the allegations will not be made to the police. Schools are required by law to advise complainants that they have the right to contact the police to file a report about alleged violations of the law. However, it is also important to understand that even if a report is made to the police, criminal charges may not be filed.
Generally, the process looks like this:
Remember, anything that you say may be used against you in a criminal case. It is so very important that you speak to an Asheville Title IX defense lawyer at Doug Edwards Law before speaking with any investigator whether from your school or law enforcement. If you choose to provide a statement to Title IX investigators, it should be well thought out to protect you from making statements that may affect your ability to defend a criminal case should charges be brought.
It is important to have an experienced attorney leading your team to ensure your rights are protected, and that you are afforded a fair opportunity to prevent the filing of charges. Doug Edwards is a former prosecutor, with over a decade of trial experience handling serious felony charges. Call us today to help with your case