In accordance with federal law, educational institutions have a responsibility to perform investigations and conduct hearings based on an accusation of sexual misconduct.
Individuals who face accusations of sexual misconduct may wish to have an advocate present for any disciplinary proceedings as the results may have serious effects on a person’s life. Such misconduct could include sexual assault or rape.
A Fairfax Title IX lawyer could provide assistance to a student who faces an accusation of sexual misconduct. It could be important to know what to expect and what rights you have in a disciplinary hearing, as it may differ from a criminal proceeding in crucial ways.
Contact a criminal defense attorney, as soon as possible, if you have been advised of your involvement in a complaint of sexual misconduct.
An accuser may initiate the investigative process with a complaint. Educational institutions which accept federal funding must take action upon receipt of a complaint involving sexual misconduct. Typically, the school notifies the accused and provides information regarding the specific code provisions which the individual has been accused of violating. The school’s code of conduct and specifically the consent policy may be important to an individual’s situation.
While a Title IX investigative process may proceed alongside an investigation by law enforcement officials, the outcome of the police investigation does not control the outcome of the school disciplinary proceeding. As an example, the school may act on a complaint even in the absence of a criminal charge.
Also, the school may proceed with their Title IX procedures even if law enforcement officials perform an investigation and clear the individual.
While the school does not have to allow an attorney to be present on behalf of the accused student, having a Title IX attorney in Fairfax present at a hearing could be helpful. As a result of a hearing, the school may issue a report with their findings regarding the accused’s involvement in the alleged sexual misconduct.
As a repercussion of a disciplinary proceeding, a student may face expulsion or probation. It could be difficult to get one’s educational path back on track after a student’s expulsion or probation.
It is important to note that a school’s procedures may include the opportunity for an appeal. A Title IX attorney in Fairfax could help a student prepare for an appeal. In some cases, the initial investigation or proceedings may have been flawed.
A school might rush the process with the goal of ensuring that they abide by their obligations under federal law. There might be evidence in an accused’s favor that is not presented in a hearing or questions which the accused is not allowed to ask of witnesses. An appeal could be a chance to address various kinds of issues, following an unfavorable result.
Whether you are facing an allegation of stalking, assault, or rape, the allegation, and possible sanctions, are serious. Proceedings such as these are high stakes, with implications on an individual’s education and career in the future. You do not need to face these allegations unprepared.
Allow a Fairfax Title IX lawyer to assist you through the process. Even if you have already had a hearing, an attorney could assist you in an appeal. Call today.