When schools get complaints associated with sexual misconduct on campus, they usually perform independent investigations. Every school can make its own procedures to carry out a probe and some schools have a process that guarantees protection for both the accuser and the accused. However, in many schools, students accused of sexual misconduct do not get the same protection afforded to the accused. Often, the accused student may not be permitted to confront the accuser. Also, hearings may be held privately, banning the accused, their parents, and their lawyer from taking part. But all students accused of sex-related violations under Title IX should be given due process and the assistance of a skilled education lawyer in Florida. The lawyer can seek a court order asking the court to stop the disciplinary proceedings or not enforce the decision it may have made.
Challenges the Accused May Face
As federally-funded schools are obliged to investigate or face their own issues, a lot of them have become aggressive. Because of this, many of them may ignore the due process. This means that the accused may not be given due process protection. As a result, they may be sanctioned unfairly.
A lot is at stake from Title IX accusations. When charged, the student in question may be expelled from their current school or find it difficult to enroll in another school or a graduate school. They will be labeled a sex offender and can have unclear future career prospects. Because of this, the student must get in touch with a Title IX defense lawyer once they know that a proceeding is being held against them to make sure their college or university follows due process and that their rights are protected.
How a Defense Attorney Can Help
Title IX defendants are entitled to prompt, just, and impartial investigations. In addition, the disciplinary proceedings should be kept confidential. However, a lot of schools circumvent these protections and retaliate against the defendant for moving forward with the disciplinary process. In these situations, an attorney becomes the most valuable. They will put pressure on all the parties involved and file a complaint with the Office for Civil rights with the Department of Education. Also, the attorney may move forward with litigation if the school district or university fails to give the defendant such protections. So, students accused of sexual misconduct under Title IX should not delay hiring an attorney. They must take action promptly to ensure their due process rights are upheld.