Nationwide Defense for Faculty and Staff Facing Disciplinary Hearings

Faculty, staff, and professors at educational institutions across the country often face allegations of sexual assault, sexual harassment, and other violations of Title IX. If you are facing disciplinary hearings, it is essential to take the defense seriously right from the start. The rules enforced by the current administration provide specific due process protections for those accused, but you need to take active steps to uphold your rights, or you could unintentionally forfeit those rights.

Even when the accusations are false, the stigma of a potential Title IX violation can cause irreparable damage to your reputation on campus and within the academic community. To protect your future, you need to seek guidance from a Title IX defense lawyer who understands how to uphold your rights and exploit your opportunities for defense at each stage of the proceedings, from investigations on campus through administrative appeals and actions in court.

At Nesenoff & Miltenberg, LLP, we defend faculty, staff, and professors facing accusations on campuses all around the country. We know how to take advantage of the best opportunities for defense within school disciplinary proceedings for sexual misconduct. Our team has a range and depth of experience in Title IX defense that allows us to strategize on numerous levels to protect your reputation as well as your rights and future opportunities.

When a student or other staff member accuses you of sexual assault or another Title IX violation, the community can turn against you in a hurry. But we know there are two sides to every story, and we want to make sure that your side receives fair consideration. We will gather and analyze evidence in minute detail to produce the solid defense you deserve during this challenging time in your career.

How Title IX Applies to Faculty, Staff, and Professors

After spending years working toward a position in a college or university, you could have your reputation destroyed by a discrimination complaint. Many people think of Title IX as a federal law that protects students from other students who may engage in alleged acts of sexual misconduct. National news stories surrounding Title IX violations and investigations often involve fraternities and sports teams and complaints made by and against other students. Yet faculty and staff members frequently face allegations, and because of the career risks, the imperative of working with a Title IX defense lawyer early on is even more critical.

Here is the specific text of Title IX:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

Discrimination in violation of Title IX includes sexual assault and other forms of sexual misconduct, so accusations can give rise to disciplinary hearings.

The campus proceedings at educational institutions are usually investigated and adjudicated quickly and information from the disciplinary proceedings on campus can be shared with law enforcement personnel, so that is one reason that embarking on a defense strategy right away can be so critical. If your Title IX defense lawyer can uncover evidence to refute allegations on campus, that could encourage prosecutors to drop criminal charges. The opposite is also true, so it is wise to begin building your case for defense as soon as possible.

Common Types of Title IX Allegations Against Faculty, Staff, and Professors

While Title IX cases can include a wide variety of allegations, the following are common types of complaints made against faculty, staff, and professors at educational institutions:

• Sexual harassment, including quid pro quo harassment
• Sexual misconduct, including sexual assault
• Sex discrimination

Actions that constitute sexual misconduct are also likely to violate state criminal statutes, and actions viewed as discriminatory can violate other federal statutes, so it is important to be aware of all the potential complications as well as the opportunities for defense.

The Department of Education has described three types of conduct that constitute sexual harassment. One type of conduct includes sexual assault and other forms of sexual violence as defined under federal statutes. The other two types of conduct—quid pro quo harassment and unwelcome offensive conduct–are not as straightforward and have been subject to changing interpretations under different administrations.

Allegations of quid pro quo harassment involve situations where someone holding a position of power offers a benefit or pledges to withhold a threatened punishment in exchange for a sexual favor. While a quid pro quo violation might be something very obvious, such as a professor’s offer to change a failing grade or a coach’s promise to put a student athlete on the starting roster if the student will agree to sexual relations, the quid pro quo situation can also be quite subtle. For instance, a suggestion that a student needs to tolerate sexual jokes in order to remain on a team or be allowed to work on a project could also potentially be considered quid pro quo harassment. An experienced Title IX lawyer can effectively explain why particular conduct either did or did not constitute quid pro quo harassment.

The third form of conduct that could be considered sexual harassment occurs when someone engages in unwelcome conduct on the basis of sex that is severe, pervasive, and objectively offensive. This is another area where an experienced defense team can often show that the faculty, staff, or professor accused is not responsible for a violation.

Faculty and Staff Members Who Frequently Face Allegations of Title IX Violations

Faculty and staff members must comply with federal Title IX rules as well as the policies of their educational institutions. Complaints of violations are often filed against:

• Professors, including tenured and tenure-track professors, as well as part-time and adjunct professors
• Athletic coaches
• Graduate students who teach courses
• Teaching assistants
• Deans
• Administrative employees and officials
• Resident assistants

To be clear, Title IX proceedings can be initiated against any faculty or staff member—in effect, any employee—at a college or university, and the institution is required to investigate once a formal complaint has been made.

Defending Against Title IX and Code of Conduct Violations

When faculty or staff members face Title IX allegations, they can also face disciplinary measures based on violations of a faculty policy manual or staff policy manual. Often, Title IX allegations and policy violations are brought against a faculty or staff member concurrently, although policy violations may also arise during the Title IX complaint or investigation process. The defense lawyers at Nesenoff & Miltenberg, LLP have experience representing faculty and staff members accused of code of conduct violations as well as Title IX violations, so we know how to succeed with an efficient, comprehensive defense strategy.

Defense Strategies for Different Types of Employees at Colleges and Universities

Depending upon the employment status of the faculty or staff member who has been accused of violating Title IX, the defense process may be different. For example, untenured professors or coaches may be at greater risk of termination from their jobs based on the outcome of a Title IX investigation in comparison with a long-time tenured faculty member. It will be essential to look at the specific policies of the university or college where the Title IX complaint was filed and to determine the best defense strategy based on the accused’s status at the institution.

It is important to keep in mind that the process and outcome of disciplinary hearings can cause extensive damage to your career and reputation even if your employment is not terminated, so it is vital to engage in a vigorous defense right from the start. Our team understands not only how to mount the most effective defense but also how to pursue compensatory remedies when educational institutions violate your rights.

Contact a National Title IX Defense Lawyer Today for Assistance

Faculty, staff, and professors at schools around the country frequently face allegations of sexual harassment, discrimination, and misconduct, and all too often, they wait until it is too late to seek advice from an experienced Title IX defense lawyer. The actions taken and statements made during the earliest parts of the proceedings can have the most critical impact on the outcome, so it is wise to seek advice and representation from an experienced legal advocate as quickly as possible.

At Nesenoff & Miltenberg, LLP, our legal team understands how to achieve the most advantageous results in Title IX cases at educational institutions throughout the U.S. We have focused on these issues for decades, and our knowledge of the issues and strategies is unique among defense lawyers.

We are dedicated to upholding your rights and defending your future. For a confidential consultation to learn more about how we can help you take advantage of the best options for defense, contact Nesenoff & Miltenberg, LLP online or by phone at 212-736-4500 now.