Why You Still Need a Title IX Lawyer Even When a Complaint is Resolved Through an Informal Process
| | Title IX
The prospect of a formal hearing can be very intimidating. Because Title IX violations are so serious and the consequences can be long-lasting for complainants and respondents, colleges and universities often hold formal hearings to resolve the issues and determine the results.
When students and their families learn that a Title IX complaint can be resolved through an informal process, they are usually relieved. The less formal procedure gives them the impression that the outcome will be less significant. But that’s not the case.
It is just as crucial to ensure that participants’ rights are protected in an informal process as in proceedings with a full hearing. The results can be highly detrimental to respondents and complainants if the process is not managed correctly. The need for guidance and advocacy from an experienced attorney is just as great. Here’s why.
Knowledge of Title IX Cases and Outcomes
Title IX is a federal law with over fifty years of judicial interpretation, administrative rulemaking, and agency guidance. It requires years of intensive study to understand precisely what the law prohibits and how schools must conduct investigations and adjudicate alleged Title IX violations. Moreover, the nature of prohibitions and requirements continues to evolve with every change in official interpretation.
Most people do not have the knowledge necessary to protect a student’s rights in a Title IX proceeding, regardless of whether it is conducted formally or informally. Most attorneys do not have this knowledge, either. To gain a full understanding of how to protect a complainant or respondent in a Title IX case, a legal advocate needs to study the issues thoroughly for a considerable period and participate in proceedings across a variety of campus settings and in court.
Colleges and universities will generally provide students with an advisor to help during the investigation and resolution process. However, these advisors usually lack legal training and often have only a cursory knowledge of Title IX. Moreover, the school’s advisors work for the school. While they may be offered ostensibly to assist students, they are paid by the college or university. Their ultimate loyalty is to the institution, not the student.
Only when a student engages a seasoned Title IX attorney can they be certain to receive advice grounded in experience and knowledge. The issues are too complex to master quickly, and the stakes are so high that it is essential to have guidance during this critical time.
Drafting an Agreement with the Right Terms
Informal processes can vary depending on school policies. However, one factor that often sets them apart from proceedings that involve a formal hearing is that resolution is negotiated rather than adjudicated. Instead of having an administrator serve as a judge, weighing evidence and issuing a pronouncement on whether a student should be held responsible for a violation, the outcome is an agreement.
That agreement may set forth facts and include an admission of responsibility. It will specify the official consequences. It will carry the force of a formal finding, and it is important to ensure that it is accurate and appropriate. Both the complainant and the respondent should have their own attorneys advocating on their behalf in the process of preparing and approving the agreement. Otherwise, their rights and interests may be buried by a process that is designed to protect the institution rather than individual students.
An experienced Title IX lawyer will understand the proposals that can be put forth for resolution and the terms that will provide the greatest protection for the student they represent. In addition, a skilled Title IX advocate will know how to draft the agreement and manage the process so that the opposing party cannot derail the proceedings or later rescind the agreement.
Protecting Your Rights
The intricate rules associated with Title IX are designed to ensure that students receive justice, whether they are filing a complaint to assert their rights or responding to accusations of wrongdoing. However, students can unintentionally forfeit their rights in a Title IX case if they do not understand the full extent of their rights or how to protect them.
Complainants and respondents should work with their own dedicated legal counsel throughout the process. When you have a knowledgeable legal advocate who is focused solely on protecting you rather than the school, you have an ally for support and guidance who can provide the protection you need at this precarious time.
You have certain due process rights in any Title IX proceeding, but much of the public focus is on those rights in formal hearings. An experienced attorney can work to ensure that your rights are respected at all times. If the school’s policies violate your rights or if the school does not properly adhere to its own policies, your attorney can advocate for the most appropriate remedies based on the specific circumstances of your case. Failure to honor your rights can be grounds for dismissing a case or for overturning an unfavorable ruling.
Learn More About the Protection a Title IX Lawyer Could Provide in Your Situation
Even when a Title IX case is handled through an informal resolution process, the outcome has the potential to injure your reputation in a way that can be nearly impossible to repair. Damage to self-esteem and social relationships may haunt you for years to come. Your ability to follow career goals or complete your education can be permanently derailed.
It is important to set the record straight now, and a dedicated Title IX advocate at Nesenoff & Miltenberg can help you, whether the process is formal or informal. We invite you to schedule a confidential consultation to discuss the advice, advocacy, and protection our team can provide.