Title IX in Arizona

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While people from other parts of the country often associate Arizona with retirees, the fact is that the population of Arizona is lower in age than the national average, and a large percentage of students choose to attend colleges and universities in the state. In fact, Arizona has one of the largest student populations in the country. The state is also home to some of the biggest universities in the U.S., with tens of thousands of students living and studying in close proximity.

With such a high concentration of students, it is not surprising that Arizona is also home to a sizeable number of Title IX complaints. These are investigated and adjudicated on each campus according to school policies, but the school policies are supposed to abide by Title IX regulations and guidelines. When the policies are out of line, or the school fails to abide by the policies properly, the rights of students, faculty, and staff can be seriously impaired, with negative impacts that can last a lifetime.

At Nesenoff & Miltenberg, LLP, we protect the rights of complainants and respondents in Title IX cases both on campus and in federal courts all around the country. We are dedicated to ensuring that those accused of a Title IX violation have the benefit of a vigorous defense at every stage in the process. We are also committed to helping those who have suffered due to sexual assault or another Title IX violation, working to make certain their cases are fully investigated and managed to provide the justice every student is entitled to under the law.

Overview of Title IX

Title IX of the Education Amendments of 1972 is a statute that prohibits schools from discriminating against students, faculty, or staff on the basis of sex. The law applies to virtually all educational institutions that receive federal funding. Since most colleges accept federal student loan money from students, virtually all colleges in Arizona are required to abide by Title IX requirements.

In the 50+ years since Title IX was enacted, the interpretation and reach of the law has expanded significantly. While in the first few decades, the focus was on schools’ obligations to provide equal opportunities in academic and athletic programs, the definition was expanded to include sexual harassment and sexual misconduct, such as rape and other forms of sexual assault.

Now, most Title IX complaints on college campuses relate to allegations of sexual misconduct. Cases are handled very differently than they would be if filed in court as a violation of civil or criminal law. Many students, faculty, and staff don’t think of a campus disciplinary proceeding as a situation where they need advice, counsel, and representation by an attorney, but the results of a Title IX decision on campus can have long-term impacts on an individual’s reputation and career opportunities. It is important to take the right defensive measures from the very beginning. This includes seeking guidance from an attorney thoroughly experienced in Title IX law and how to mount an effective defense in campus proceedings.

Title IX Investigations and Adjudications are Nothing Like Criminal Cases

Our expectations about the rights of someone who has been accused of an offense are based on the due process protections established for criminal defendants—and often depicted on TV. Campus disciplinary proceedings in Arizona are completely different.

Faster Pace

To begin with, cases proceed at a much faster pace. Title IX requires schools to initiate and conclude proceedings promptly. So, while in a criminal case, a defendant might have months to investigate and build a defense strategy, someone accused of a Title IX violation on campus may only have a few days to prepare.

Questionable Professionalism

While investigations in a criminal case are conducted by experienced professionals who understand what they can and cannot do legally, investigations in a Title IX campus proceeding are often conducted by an overworked academic administrator who has numerous other responsibilities and may not understand Title IX rules and guidelines at all. Ultimately, it is the schools who get penalized for a Title IX violation because they lose federal funding, Therefore, the employees charged with investigating and adjudicating Title IX cases have an interest in erring on the side of finding an accused individual responsible for a violation, so the school would not be accused of permitting discrimination. This makes it critical to be vigilant in protecting the rights of the respondent.

Changing Standards

Criminal laws and interpretations in Arizona generally don’t change much, but Title IX rules and requirements applicable in the state are subject to change frequently according to political priorities. To understand the rights of complainants and respondents,  dedicated Title IX attorneys need to comb through every guideline issued by the U.S. Department of Education and every legal opinion issued by the federal courts.

Lower Burden of Proof

The burden of proof is much lower in a campus proceeding than in a criminal case. The prosecution in a criminal case must prove that an accused individual is guilty beyond a reasonable doubt. In a Title IX proceeding on campus, the adjudicator must only find “clear and convincing” or a “preponderance of” evidence of responsibility for an offense. An accused individual can easily be found responsible for a Title IX violation even though they would not be found guilty of a criminal offense based on the same set of circumstances.

Damaging Consequences

While an individual found responsible for a Title IX violation in a campus proceeding cannot be incarcerated based on the finding, the determination can cause them to be expelled, lose scholarships, and lose privileges such as the right to attend classes in person or live on campus. Even worse, the damage to reputation can damage prospects for employment and further education and even destroy the respondent’s social life and self-esteem permanently.

Experienced Legal Guidance Can Make All the Difference in an Arizona Title IX Case

Whether you are facing an accusation or potential accusation of a Title IX violation or you need assistance pursuing a Title IX complaint, the experienced attorneys at Nesenoff & Miltenberg, LLP understand how to protect your interests effectively throughout the process. We have represented students and faculty in Arizona and understand how federal courts in the region interpret Title IX and state requirements.

The team at Nesenoff & Miltenberg, LLP provides guidance and assistance during investigations and during adjudications. If necessary, we can help you appeal a decision on campus or in federal court. Contact our dedicated team today for a confidential consultation to learn more about the protection we can provide.