Take the Accusation Seriously and Consult an Attorney //
Students accused of sexual assault, sexual harassment, or dating violence must take the accusation, and the process, very seriously. If you receive a Notice of Investigation from your school naming you as the subject of a Title IX investigation, contact an attorney before speaking to a representative from the school or the police. Participating in a Title IX investigation or other disciplinary proceeding without advice from an experienced attorney could have serious consequences for your education and your future. What is more, some Title IX investigations also result in the filing of criminal charges. Not only is your education at stake, but your liberty may be as well.
At the outset of a Title IX investigation, you can expect to be asked to speak to an official from the school about the subject matter of the accusation. Students typically have little to no information about the accusation against them at this stage and are forced to “shoot from the hip” during an initial meeting. This creates a dangerous situation where an accused student may say something that appears to implicate him or her simply because the student is unaware of the facts and circumstances provided by the other party. A student’s participation in this initial meeting is not required, and statements made during the meeting may be used against the student in the course of the investigation. The student should carefully evaluate his or her participation in this initial interview before proceeding.
Current federal regulations require Title IX investigations to be conducted by neutral, trained third-party investigators. Many schools contract with a neutral third-party investigator, but some do not. If your school attempts to use an untrained teacher or administrator to conduct the investigation, you should object and explain the problem with that course of action vis-à-vis relevant federal regulations. You may also have grounds to object to the investigator based on actual or perceived bias. The Investigator’s role is an important one – he or she is tasked with collecting and summarizing witness statements and evidence obtained over the course of the investigation. As an accused student, you or your attorney may choose to provide the names of relevant witnesses and any physical evidence, including social media records, to the Investigator. Anything not produced in the course of the investigation cannot be considered by the Decision-Maker when deciding whether an accused student is Responsible or Not Responsible for the Title IX violation. However, there may be reasons why an accused student would not turn over the names of witnesses or other evidence, considering that the contents of the Title IX file may be turned over to police. This is a delicate decision that should be carefully reviewed with the help of an experienced Title IX attorney.
An accused student will also have to decide whether he or she wants to participate in a formal recorded interview with the Investigator. This is a decision that should be weighed with the help of an attorney who can help evaluate the value of an interview and weigh it against the dangers and pitfalls of making a statement.
Once the Investigator finishes collecting evidence, he or she will draft a Final Report. You should have access to the Final Report and be given an opportunity to respond in writing. The Final Report and your response will then be transmitted to a Decision-Maker, who may also act as the Hearing Officer, if applicable. Not every Title IX case involves a Live Hearing (much like a mini-trial), but if yours does then the final decision regarding culpability will be made by the Hearing Officer after a Live Hearing. If your case does not receive a Live Hearing, then the Decision Maker will review the Final Report and any responses by the parties and decide if you as the accused are responsible for a Title IX violation. If the finding is in the affirmative, then you may be subjected to an Outcomes process, which decides what punishment is appropriate under the circumstances. In many cases, the outcome is separation from the school or university.
Many of the accusations that result in a Title IX investigation may also be criminal, which means an accused student could be facing both a Title IX investigation at school and a criminal investigation through a local police department. Schools are required to give students notice if they are under investigation for a violation of Title IX. Law enforcement is not required to do the same. Most often, students have no idea that law enforcement is involved until they are arrested or contacted by a detective and asked to make a statement. Either way, having an experienced criminal defense attorney act as your attorney in the Title IX case can help you navigate both cases, should criminal charges be filed.
Lindsay Brown has represented both Complainant (the Accuser) and Respondent (the Accused) students in Title IX investigations and other student conduct proceedings at school districts and universities across the country. Further, she worked in private criminal defense and specialized in representing those charged with sexual assault. When faced with an accusation of sexual misconduct or other conduct violation, having an experienced advocate by your side can mean the difference between dismissal from school and the continued pursuit of your future goals. Contact Meilstrup & Brown today.
