Title IX Complaint Process and Penalties
If you’re facing allegations in Texas, our attorneys can help you find your way forward
Title IX regulations are in place to ensure that colleges and universities receiving federal funding provide a safe, nondiscriminatory environment for all students. Although the goal is fairness, the reality of the Title IX violation hearing process can be anything but.
There are federal mandates and guidelines for handling Title IX accusations that colleges and universities must follow or risk losing federal funding. Although each institution of higher education has its own policies regarding Title IX sexual assault allegations, they typically follow a similar process outlined in the federal law.
At Botsford & Roark, our Austin-based law firm has a long history of high-profile Title IX defense. Our Title IX defense lawyers have extensive experience representing clients in Texas. If you have been accused of a Title IX violation in Texas, contact us for a confidential case evaluation.
Title IX violation hearing process
- Notice of accusations. The Title IX process begins when a formal complaint is filed with the school. Under the law, the person accused of an offense will receive a Notice of Formal Complaint, a document that outlines the allegations and process to rectify the situation. Examples of common Title IX violations involving students include sexual harassment, rape, sexual assault, sexual coercion, and stalking.
- Choose an advocate. As soon as you receive a formal notice, or if you suspect a notice is forthcoming, contact a Texas Title IX defense attorney with extensive experience. Your advocate can investigate the case, collect evidence, present witnesses, and argue at hearings for your rights.
- Title IX investigation. Investigating these serious accusations is handled, not by the police or other law enforcement, but an appointed school employee(s). If criminal charges are filed in addition to a Title IX accusation, there may be a separate investigation conducted by police.
- Review the evidence. Both sides must be given an opportunity to review the evidence, witness statements, and ask questions.
- Mediate or negotiate. A Title IX accusation does not necessarily need to go through the hearing process if a settlement can be reached that both parties agree to. This may include remedies like no-contact orders or a financial settlement.
- Title IX investigation report. The school’s investigator will write a report about their findings at the conclusion of their research. The report will outline what happened, according to the school, and may determine responsibility.
- Hearing. After reviewing the report and evidence, if no settlement has been reached, the university will schedule a “live hearing” before a decider(s) appointed by the school to decide Title IX cases. The hearing will allow for presentation of facts by both sides and cross-examination.
- Decision. After the hearing and a period of consideration, the appointed decider(s) will make a decision and inform both parties in a written document that explains how and why the decisionmaker reached their conclusion and the consequences.
- Appeal. Regardless of what transpires at these hearings, students always have the option to appeal if they feel not satisfied with how matters were dealt with during proceedings.
Consequences and penalties of Title IX violations
If a Title IX hearing is decided in favor of the complainant, the specific penalties can vary. Factors include the severity of the violation, the policies of the university, Title IX investigation results, and established disciplinary measures, among other things. However, common consequences include:
- Suspension from athletic participation or total loss of eligibility to compete in intercollegiate sports.
- Suspension or permanent expulsion from the university.
- Loss of athletic scholarships and any other financial aid that came with ethical stipulations.
- Mandatory completion of educational programs on sexual harassment prevention
- Probation and monitoring.
- No-contact orders.
- Impact on future educational and career opportunities.
- Social and reputation consequences.
- Civil lawsuits and legal consequences.
Title IX experience is everything
The above information is general and may not apply in all situations. For information about the process and penalties in your specific case, contact the Texas Title IX defense lawyers at Botsford & Roark for a free and confidential case evaluation.
Our experienced Texas Title IX defense attorneys can represent you during all stages of the Title IX process, including mediation, hearings, or investigations that may arise. We have a national reputation for successfully fighting Title IX violation accusations and unfair consequences.
If you have been accused, or expect to be accused, of a Title IX sexual assault violation, contact us today. A member of our team can answer your questions and explain your options. There is no obligation to hire us, just information you can trust.