Title IX Defense - Shannon Smith Law

Practice Area

Title IX Defense Attorney

Title IX is a civil rights law passed as part of Education Amendments of 1972 to prevent discrimination on the basis of sex in educational institutions.

While everyone agrees that discrimination should be forbidden, Title IX investigations and hearings against individual students or faculty sometimes overstep their boundaries or accuse an innocent person.

Whether or not you are facing legal charges in addition to your school’s allegations, if you have been accused of a Title IX violation, you need an experienced Michigan defense attorney on your side to help you through this complicated process.

What is covered under Title IX?

Title IX states that, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

This means that this type of discrimination is forbidden in any educational institutions who receive federal funding – including schools, universities, libraries, museums, etc.

Title IX prohibits discrimination in the following categories:

What happens when you're accused of a Title IX violation?

As a school, Title IX violations can lead to losing government funding. That’s why these institutions are encouraged to:

Hire and maintain a sexual assault allegation coordinator
Maintain a written policy that details the sexual violence/harrassment investigation process
Provide accommodations to the alleged victims

But when we’re dealing with individual Title IX violations, those accusations are almost exclusively sexual assault allegations.

Here's what to expect after an accusation has been made:

A thorough investigation into the allegations, including interviews, evidence, etc.

Restrictions on the accused, ranging from a “no contact letter” to school suspension to expulsion from degree programs.

A meeting where the accused is allowed to make a statement with a support person (silently) present.

Sexual assault hearings in which your university will use a lower standard of proof than criminal courts.

Note: Sometimes law enforcement officers will conduct criminal/civil investigations at the same time as school investigations

But what rights do the accused have in these types of cases?

The right to be informed of the nature, rules, and procedures of the Title IX process and the nature of the violation and possible sanctions
The right to not have irrelevant prior sexual history admitted as evidence in a campus investigation

The right to have an advocate for support and assistance during the campus investigation process
The right to be given written notice of the outcome and sanction
The right to appeal the outcome at the conclusion of the investigation

IF YOU HAVE BEEN ACCUSED:

Do NOT retaliate against the complaint. This will only make things worse.

Do NOT contact the alleged victim. Not in person, over the phone, or through social media. NO CONTACT.

DO hire a michigan Title IX attorney as soon as possible to help you navigate the process.