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What is Title IX?
Title IX is part of the Education Amendments of 1972, and seeks to protect students in universities and colleges from discrimination based on sex.
Don't face these accusations alone. Contact one of our lawyers today at (314) 900-HELP to secure your future.
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, /practice-areas/title-ix-harassment-defense-lawyer-st-louis-mo/sexual harassment and stalking. Because of this, schools are required to investigate alleged or suspected sex crimes, or risk losing their federal funding. The law is designed to protect all students, employees, volunteers, and visitors at academic institutions, regardless of their sex. 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 is the Definition of Consent Under Title IX in St. Louis, MO?
Lack of consent is a critical factor in determining whether sexual violence/assault has occurred. Consent is informed, freely given, and mutually understood. Consent requires an affirmative act or statement by each participant. Consent is not passive.
- If coercion, intimidation, threats, and/or physical force are used, there is no consent
- If a person is mentally or physically incapacitated or impaired by alcohol or drugs such that the person cannot understand the fact, nature, or extent of the sexual situation, there is no consent
- If a person is asleep or unconscious, there is no consent
- Consent to one form of sexual activity does not imply consent to other forms of sexual activity
- Consent can be withdrawn. A person who initially consents to sexual activity is deemed not to have consented to any sexual activity that occurs after he or she withdraws consent
If you’ve been accused of assault under Title IX, call Combs Waterkotte today at (314) 900-HELP or contact us. Our St. Louis Title IX assault defense attorney will work to get you the most favorable resolution possible in your case.
What Are My Rights If I Have Been Accused of Committing Assault as a Title IX Offense in St. Louis, MO?
Because the assault under title IX investigation occurs within your college or university, your rights should be outlined in your student handbook. For example, students in the University of Missouri system are entitled to the following:
- Respectful treatment from university officials
- Access to campus support resources (unless they are suspended during an investigation)
- Having an advisor of your choice attend all meetings and proceedings
- Refusal to have an allegation resolved through certain university procedures or processes
- An opportunity to present potential witnesses and provide evidence
- Information regarding allegations, school policies, and findings
- A chance to appeal
Regardless of where you attend school, an experienced Title IX assault defense attorney can help you understand your rights both inside and outside of your academic institution. Title IX allegations can quickly lead to a criminal investigation, so the sooner you retain a Combs Waterkotte St. Louis Title IX assault defense lawyer, the stronger your case will be.
What’s the Difference Between an Assault Investigation Under Title IX and a Criminal Assault Investigation?
A Title IX investigation is conducted by your college or university, while a criminal investigation is done by local law enforcement. These investigations can happen concurrently and independently of one another. You can be found not guilty of sexual assault in criminal court and still face disciplinary actions from your school, for instance, but those found guilty in legal proceedings will likely face Title IX consequences, as well.
This is mainly due to the lower burden of proof in Title IX investigations. In Title IX investigations, the accusations of assault do not have to be proved beyond a reasonable doubt, like they would in a criminal trial. The school just has to believe that it’s more likely than not the assault allegation is true – a a preponderance of evidence. While a Title IX investigation will not result in fines or jail time, the consequences can still be severe and could include any, or a combination, of the following:
- Mandatory counseling or sensitivity training
- Probation
- Banishment from certain activities
- Suspension
- Expulsion
The most serious implications could include criminal investigations and marks against your permanent record and reputations. Even an allegation of sexual assault can follow you around for the rest of your life, so it is especially crucial to hire a St. Louis Title IX defense attorney to clear your name. Combs Waterkotte protects your due process rights.
