In our previous blog post, “Can I Sue the School for a Mishandled Title IX Investigation?,” we examined the circumstances under which individuals may pursue legal action following a Title IX investigation if due process violations occurred. In this article, we explore what constitutes a violation of due process
Understanding Due Process Violations
Title IX is a federal law prohibiting sex discrimination in education. While its intent is to protect students from sexual harassment and assault, ensuring fair procedures for both accusers and accused is paramount.
Due process, a fundamental principle in the U.S. legal system, guarantees individuals certain rights when facing potential loss of life, liberty, or property. In the context of Title IX, due process safeguards protect the rights of both parties involved in a sexual misconduct allegation.
What Constitutes a Due Process Violation in a Title IX Case?
Due process violations can occur in various forms, including:
- Lack of notice. Those involved in a Title IX proceeding must receive timely and adequate notice of the allegations against them, including the specific charges and potential consequences. Failure to provide sufficient notice can hinder a person's ability to prepare a defense.
- Denial of counsel. While not an absolute right in all Title IX proceedings, denying a student, faculty member, staff, or other party facing Title IX allegations the opportunity to consult with an attorney can significantly impact their ability to protect their rights.
- Unfair hearing procedures. This includes instances where the hearing panel is biased, evidence is excluded without justification, or cross-examination is unduly restricted. A fair hearing requires an impartial decision-maker and the opportunity to present one's case effectively.
- Violation of the presumption of innocence. Those accused of sexual misconduct are entitled to the presumption of innocence until proven guilty. Shifting the burden of proof or making prejudicial statements can violate this fundamental right.
- Retaliation. Anyone who reports sexual misconduct or participates in the Title IX process should be protected from retaliation. Actions such as academic or social ostracism, threats, or disciplinary measures can constitute retaliation.
It's important to note that due process rights extend to both the accuser and the accused. A fair and impartial investigation and resolution are essential for maintaining a safe and equitable campus environment.
Consequences of Due Process Violations
Due process violations can have severe consequences, including:
- Damage to reputation
- Academic difficulties
- Psychological harm
- Legal repercussions
If you believe your due process rights have been violated in a Title IX proceeding, it is crucial to seek legal advice promptly. An attorney can help you understand your options and protect your rights.
Talk to Our Title IX Defense Attorneys
Parisi, Coan & Saccocio, PLLC can discuss your legal rights and options should you feel your rights were violated during your Title IX case. We can help you determine whether it is in your best interest to pursue a claim based on the circumstances of your case, and if you wish to take action because of due process violations, we can help with collecting evidence and filing a formal complaint.
Contact us online or via phone at (737) 200-2332 to schedule a case consultation.