March 1, 2019 By Paul Wallin

Student’s Rights in a Title IX Sexual Misconduct Case

Sexual misconduct allegations at a college or university could span many different types of offenses, from sexual harassment to sexual assault or rape. If you are accused of sexual misconduct while attending a college or university that accepts federal funding, you could be facing both a criminal case and a Title IX school investigation. Depending on the circumstances of your case, the criminal charge could result in severe consequences, including jail time and expensive fines. However, even if you are not charged criminally, being accused of sexual misconduct at school could result in suspension or expulsion from the school.

This discipline could be life-changing. That is why it is important to know that you have rights as a student. You are guaranteed certain protections by the U.S. Constitution. Here is what you should know about your rights while under a Title IX investigation.

Due Process is the Law for Public Schools

Every college or university that receives federal funding is required to investigate a sexual misconduct complaint under Title IX. Schools are required to give equal protection to both the accuser and the accused.

If you are accused of sexual misconduct at a school or university, you have the following rights:

  • Right to due process, meaning notice of the allegation and the opportunity to be heard
  • Right of access and notice of the school’s written disciplinary policies and procedures
  • Right to have qualified school officials conduct the proceedings
  • Right of equal opportunity to provide evidence and examine witnesses
  • Right to have an advisor of your choice, such as an experienced defense attorney, present with you at all stages of the process
  • Right of freedom from retaliation for the exercise of your rights
  • Right of access to campus counseling services
  • Right to have the disciplinary process remain confidential

Private Schools are Different

If you attend a private college or university, the school does not have to protect your right to due process. However, the vast majority of private schools’ judicial systems follow the model of public institutions and will provide notice and the opportunity to be heard to students accused of sexual misconduct.

Why You Should Hire a Lawyer for a Title IX Investigation

If you are subject to a Title IX investigation, you are potentially facing serious consequences that could affect the kind your education and your future. Having an experienced Title IX sexual misconduct attorney can help you protect your rights, both with respect to the school’s investigation and any potential criminal investigation that may follow. Your attorney will work to prevent you from inadvertently giving evidence that could lead to a criminal charge and help you prepare for your hearing.

Contact the Title IX Defense Attorneys at Wallin & Klarich Today

If you are the subject of a Title IX investigation, you should discuss your case with an experienced Title IX sexual misconduct attorney as soon as possible. At Wallin & Klarich, our skilled attorneys have more than 40 years of experience successfully representing clients facing allegations of sexual misconduct. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, there is an experienced Wallin & Klarich Title IX sexual misconduct attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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