Criminal Defense and Title IX
Attorneys Austin, TX

Understanding Your Title IX Hearing Rights

Our Texas Title IX defense attorneys explain respondent rights

Students in Texas accused of Title IX violations – aka respondents - have a lot of rights. But to be effective, they must be aware of the entitlements as well as how, where, and why they can be applied.

The Title IX defense lawyers at Botsford & Roark in Austin have decades of experience defending individuals against unfair Title IX allegations in Texas. Our law firm has a reputation for handling high-profile Title IX cases and clients.

If you or your child has been accused of a Title IX violation in Texas, contact us for a confidential case evaluation to learn more about your rights and how Botsford & Roark can ensure your reputation and future are protected.

Title IX hearing rights of the accused

Under federal Title IX law, violation complaints must be handled through a fair hearing process administered by the school involved. While every campus has a unique process, U.S. law protects the rights of the accused at every educational institution. During a Title IX violation hearing, the accused individual has a right to:

  • Presumption of innocence. Respondents – the person being accused of a violation – should not suffer disciplinary sanctions without the grievance process being properly followed.
  • Equal treatment. The so-called victim cannot be favored or otherwise given preferential treatment. Both the complainant and respondent must be held to the same standards and given the same opportunities for justice. That means objective evaluation of all relevant evidence, inculpatory and exculpatory, but decision-makers and investigators.
  • Timely resolution. There should be a “reasonably prompt” time frame for conclusion of the grievance process. This includes appeals and informal resolutions.
  • Support. Schools must provide a range of support services available to complainants and respondents.
  • Unobstructed collection of evidence. Although the burden of proof is on schools – not on the parties – it is still wise for a respondent to investigate and collect evidence. Schools must not restrict the ability of involved parties to discuss allegations or gather evidence.
  • Professional representation. Parties must have the same opportunity to select an advisor of their choice. This is usually an attorney.
  • Privacy. The school must keep confidential the identity of complainants, respondents, and witnesses, except as required by law, or as necessary to carry out a Title IX proceeding. Also, schools cannot access or use an involved party’s medical, psychological, and similar treatment records without the party’s voluntary, written consent.
  • Live hearing. In Title IX accusations involving postsecondary institutions, the school’s grievance process must provide for a “live hearing.” At the live hearing, the decision-maker(s) must permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.
  • Protection from retaliation. Retaliation is illegal. This includes charging an individual with code of conduct violations that do not involve sexual harassment but arise out of the same facts or circumstances as a report or formal complaint of sexual harassment.

We will fight for your rights, freedom, and reputation

If you have been accused of a Title IX violation in Texas, make sure your rights and future are being protected. Contact Botsford & Roark. When your reputation and your future are at stake, our Title IX defense attorneys know how to deliver. Contact us for a free and confidential case evaluation today.

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