Title IX Harassment Defense Lawyer in St. Louis, MO

What is Title IX?

Title IX was part of the Education Amendments of 1972, and seeks to protect students in universities and colleges from discrimination based on sex.

The text reads:

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.

Through various Supreme Court rulings, Title IX has been interpreted to include protection from various types of sexual violence and sexual misconduct including sexual assault, sexual harassment and stalking. Because of this, schools are required to investigate alleged or suspected sex crimes, or risk losing their federal funding. Because they could lose their funding, schools are strongly incentivized to investigate and punish someone accused, even if the evidence doesn't indicate that the allegations occurred, or occurred as the accuser alleges.

What Constitutes Sexual Harassment in St. Louis, Missouri?

Title IX requires each school to have their own Title IX coordinator and write their own procedures and regulation. Meaning, each school will have its own definition of what sexual harassment is considered. The Final Rule, the Federal government's guidelines for Title IX, break sexual harassment offenses into three categories:

1. Any instance of quid pro quo by a school employee
2. Any unwelcome conduct that a reasonable person would find "severe, pervasive and objectively offense"
3. Any instance of sexual assault (as defined by the Clery Act), dating violence, domestic violence or stalking (as defined by the Violence Against Women Act)

St. Louis, MO schools are still given leeway in how they define sexual harassment and present it to students and employees, however most are similar. As an example, the University of Missouri system mentions:

• Quid pro quo — A school employee making access to a school aid, benefit or service based on an individual's participation in unwanted sexual conduct
• Hostile environment — Unwanted conduct that "effectively denies" someone's access to education or a school activity by dissuading them
• Sexual assault — Any sexual act that constitutes rape, sodomy, sexual assault with an object, fondling, incest or statutory rape
• Dating violence — Violence committed by someone who is or has been in a romantic or intimate relationship with the alleged victim, based on the length of the relationship, the type of relationship and how often you interacted
• Domestic violence — Any <felony or misdemeanor offenses or violent crimes committed by:
  • A current or former spouse or intimate partner of the alleged victim
  • Someone who has a child in common with the alleged victim
  • Someone whose relationship to the alleged victim fits into the definition of "domestic victim" as defined by Missouri Revised Statute §565.002
• Stalking — A course of conduct that would make a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress

At Combs Waterkotte, our St. Louis, MO harassment defense lawyers know that actions can be misunderstood or taken out of context, or sometimes situations get out of hand. We also understand that people can make poor decisions they later regret. Whatever your case, we'll stand by your side and work to get you the most favorable resolution possible in your case, whether that means proving the allegations false, or working with school officials to limit the academic consequences of the investigation.

What Are My Rights Under Title IX If I've Been Accused of Harassment in St. Louis, MO?

The U.S. Department of Education has, in the Title IX Final Rule, required schools to follow a fair grievance process, which incorporates due process principles. The fair grievance process includes:

• Giving both parties written notice of the allegations
• Allowing both parties to choose their own advisor (your attorney), and an opportunity to submit and review evidence
• Allowing both parties to use trained Title IX personnel, who have no conflict of interest and can review evidence objectively
• Requiring written consent before using medical or psychological records as evidence
• Requiring voluntary, written consent before using an "informal resolution" process, such as mediation or restorative justice
• Applying a presumption of innocence, meaning the school bears the burden of proof
• Using either the preponderance of the evidence standard or the clear and convincing evidence standard (both of which are lower than the "beyond a reasonable doubt" standard in criminal proceedings)
• Choosing the person who makes the ultimate decision as someone who is not the same person as the investigator or Title IX coordinator
• Requiring a live hearing and allowing cross-examination by each party's advisor
• Sending both parties a written determination detailing how and why a decision was reached
• Offering both parties an equal opportunity to appeal
• Protecting all parties from retaliation
• Document and keep records of all sexual harassment reports and investigations

While friends or social groups may jump to conclusions, schools are required to offer both complainants and the accused a fair and impartial process. As part of our legal advocacy, your Combs Waterkotte St. Louis, MO harassment defense lawyer will work to ensure your school's process is fair and within federal guidelines. If it isn't, we'll hold the school accountable, demand changes and even file a lawsuit if necessary.

You have a right to an impartial process and respectful treatment from the school. We'll ensure you get it.

Will I Face Criminal Charges For Harassment Accusations in St. Louis, Missouri?

If the violation is also a criminal offense, it's possible that you may face criminal charges. While schools and accusers are not required to report allegations to law enforcement, they may do so if they wish. Additionally, law enforcement may subpoena a school's records of their investigation if they suspect a crime has occurred. Title IX and criminal investigations happen independently from each other, and may occur at the same time.

Combs Waterkotte's attorneys are also experienced criminal defense lawyers who a proven track record in St. Louis and Missouri of getting favorable outcomes for their clients who have been accused of crimes. If you hire us, we can work to protect your future in both your Title IX case and your criminal case, if you have one. While a Title IX investigation cannot result in jail time or fines, the consequences can still be severe.