What Are the Rights of Someone Accused of a Title IX Violation?

Being accused of a Title IX violation can be devastating in and of itself. Despite certain social ramifications that may come with accusations levied against you, you have rights that protect you against unfair treatment by a public institution or the legal system.

Before we discuss how one is protected as an accused individual, let’s briefly go over what a Title IX violation is. Title IX refers to a federal law that essentially prohibits sex discrimination at any institution that accepts federal funding. This can include K-12 schools and universities, and may even apply to private schools and universities if they accept federal funding of any kind.

Title IX is often associated with making sure an institution offers equal opportunities for members of both sexes to participate in athletics programs, but its implications go far deeper than that. Because Title IX bans sex discrimination, it also applies to other forms of sex discrimination including sexual assault, sexual harassment, domestic or dating violence, and other such behavior.

If someone is accused of anything that may be construed as sex discrimination, it may result in a Title IX investigation. That said, if you or someone you love is accused, they still have several important rights.

The Rights of the Accused

There are several important rights that the accused party has in a Title IX matter:

• The right to choose and retain an advisor. This individual can be at the side of the accused throughout the Title IX process, including any and all meetings with investigators and any hearings that take place.
• The right to be promptly notified of any accusations involving a Title IX violation.
• The right to a prompt, impartial, and equitable investigation.
• The right to be treated with dignity and respect throughout the process.
• The right to privacy and confidentiality as permitted by law. This can include advance notice of information slated for public release.
• The right to present evidence and witnesses in defense of the accused party. Such evidence can include text messages, emails, photos, social media posts, and other electronic evidence.
• The accused and his or her advisor have the right to review the report compiled by the investigator before it’s finalized. Changes can be requested if any inaccuracies or errors are found.
• The right to appeal any findings or sanctions issued in favor of the complainant.

Were Your Rights Violated?

If you were accused in a Title IX investigation and believe your rights were violated during the process, get in touch with Parisi, Coan & Saccocio, PLLC for legal assistance. We may be able to offer legal advice and services to help you mitigate the consequences of a decision issued against you if your rights were violated by those involved in the Title IX investigation and administration process.

For more information, contact Parisi, Coan & Saccocio, PLLC online or by calling (737) 200-2332.