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Getting Solid Defense When Facing A Title IX Violation Investigation

Last updated on April 23, 2024

What is a Title IX violation? It is when one person on a college campus (typically a public university) alleges that another person sexually discriminated against them, harassed them or sexually assaulted them.

The former Tampa prosecutor at the Steven Wetter law firm has insider information on how the legal system works. Attorney Steven H. Wetter also knows what it takes to procure a solid defense in these cases. Call 239-347-9133 to set up a free consultation. Find out how Steven can help you. Phones are answered every day at all hours.

What Is The Purpose Of Title IX?

Passed in 1972, Title IX is a federal civil rights law. All public universities receive federal funding. This means they are all subject to Title IX enforcement. On its face, the mission of Title IX is to protect against sex discrimination. Both university students and professors can be subject to Title IX, usually under the auspices of the conduct code. Colleges and universities that are not Title IX compliant stand to lose millions in funding if they are found to be “noncompliant.”

What Is At Stake?

A mere accusation, even if baseless or unfounded, can damage a student’s standing, reputation and opportunities. Depending on the nature of the accusation, criminal charges may also be brought. For professors, an accusation can negatively impact employment and tenure, so it is crucial to secure legal representation as early on as possible. A professor’s behavior may fall under Title IX if the accusation is in any way related to gender discrimination.

While it is in the school’s best interest to work with an adviser, it is not in the best interest of the person accused (referred to as the respondent) to do so. The adviser’s role is to protect the school, not the accused, even if the accused is employed by the school, such as a professor. A student is at risk of losing their internship, job, sports eligibility, ability to transfer or attend graduate school, and the opportunity to serve in the military as an officer.

What Is Considered Sexual Misconduct?

Many actions can fall into this category, including sexual touching, groping and rape. But other actions that may happen in a group setting and are far less egregious may also be considered sexual misconduct. For example, “nonconsensual sexual contact” may mean kissing someone at midnight on New Year’s Eve without having their express consent beforehand. If a person is convicted of this type of “indecent assault,” they may also face implications under Megan’s Law and may have to register as a sex offender.

Do You Need An Attorney?

The law does not require you to have an attorney. Title IX laws do not require the accuser to prove guilt beyond a reasonable doubt, but only a preponderance of evidence (sometimes called 50% and a feather). However, given the magnitude of what is at stake, it is strongly advised that the accused work with a proven criminal defense attorney who also handles Title IX concerns. Steven has extensive criminal defense and Title IX experience. He can advise you on Title IX laws as well as any academic disciplinary issues.

Start Your Defense Against Any Accusation Of Misconduct Today

Do not wait to see how things go. Instead, take action to protect everything that is at stake. Start by scheduling a free initial consultation to understand your options and the process. Call the Fort Myers office at 239-347-9133 or reach out online. Speak with a lawyer before you speak with anyone from the school. Steven has over 20 years of experience in criminal and Title IX defense matters.