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What Is Title IX?
Title IX is a federal civil rights law that was part of the Education Amendments of 1972.
Don't face these accusations alone. Contact one of our lawyers today at (314) 900-HELP to secure your future.
The law prohibits discrimination based on gender or sex in any activity, educational program or financial assistance at colleges or universities. The law states:
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
While the law does not specifically mention sexual harassment or sexual assault, Supreme Court rulings and other interpretations have found them to be a form of sex discrimination. That means the law requires universities and colleges to investigate and report instances of alleged sexual violence.
Because schools can be stripped of their funding if they don't fulfill their obligations, sexual assault and sexual harassment allegations are investigated zealously. The Office of Civil Rights says that they "vigorously enforce" Title IX. Schools are required to investigate suspected violations even if no student files a formal complaint. That's why you need the zealous representation of an experienced and talented Title IX defense lawyer in St. Louis, MO.
Do I Need a Title IX Defense Attorney in St. Louis, Missouri?
If you are under investigation, or even just being accused, you need to consult with a sex crimes defense lawyer right away. Not only can the school discipline you for the allegations, but you may also face criminal charges. You need an experienced criminal defense attorney to start building your defense strategy immediately, and advise you on the best course of actions to take.
Your St. Louis, MO Combs Waterkotte defense lawyer will:
- Listen to your side of the story
- Answer the phone whenever you call, day or night
- Advise you on what to say, and what not to say, during your interview and hearing with the school (attorneys may not be allowed to speak at the interview, depending on your school's policy, but you have a right to have an advisor present)
- Investigate the claims, and try to find alibis or eyewitnesses that contradict the accusations
- Ensure the school stays true to federal law and Title IX policies
- If possible, negotiate with the school's attorneys for a favorable resolution without the need of a hearing
- Handle all legal aspects and communication, so you are not constantly burdened by the stress of the allegations
As your St. Louis Title IX defense lawyers, our first priority is to protect your freedom by preventing your arrest, having any criminal charges dismissed or reduced, or seeking a not guilty verdict at trial. Our second priority is to work to ensure that you do not face disciplinary actions from your school, such as suspension, expulsion, or changes to your living situation or class schedule.
How Does a Potential Criminal Case in St. Louis, MO Affect A School's Title IX Investigation?
While being investigated under Title IX can certainly lead to a criminal investigation, and they can happen independently and at the same time, they are not one and the same. If you are found "not guilty" under criminal charges, or have your charges dismissed, you can still be found guilty in the investigation by your university. This is due to civil claims, including claims made under Title IX, have a lower burden of proof. Most Title IX hearings ask for proof that the crime did not occur.
What Are Common Title IX Allegations in St. Louis, MO
Title IX allegations against individual students or staff members usually fall under sex-related misconduct, including:
- Sexual assault — Rape is, obviously, a very serious allegation. The investigation and hearing will largely be based on the school's own definition of consent, and the ability to give it. While campus rape is a serious issue, you still have a right to legal representation and a skilled Title IX defense team.
- Sexual harassment — According to the Office of Civil Rights' guidelines, not all behavior with sexual connotations constitutes sexual harassment. The sexual harassment "must be sufficiently severe, persistent or pervasive" in order to constitute a valid complaint. If you're accused of sexual harassment, we can use evidence to demonstrate that your behavior did not rise to what is considered harassment under federal guidelines.
- Stalking — Stalking generally refers to a course of action that makes a reasonable person fear for their safety or the safety of others, or suffer substantial emotional distress. A "course of action" means two or more actions or events. We can also help demonstrate that your behavior did not rise to the definition of "stalking."
