Law

Defending a Title IX Sexual Misconduct -Tips

Title IX sexual misconduct charges are pursued strictly and thoroughly by colleges and universities across the country. A Title IX charge could destroy a student’s reputation and academic future. A student must not take the Title IX charge lightly and must hire a Title IX attorney to deal with legal representation and formalities. 

The proceedings of a Title IX charge are not entirely similar to a criminal case and afford students fewer criminal rights than a criminal proceeding. Students need to take charge seriously and risk their academic future. In such cases, it will be ideal to be aware of how one can defend n the Title IX sexual misconduct charge as mentioned below. 

Defending a Title IX sexual misconduct charge:

  • Witness testimony

One of the most effective ways to defend a Title IX charge is by obtaining supportive witness testimony. Testimonials by eyewitnesses can ensure that the student’s or victim’s version of the event is legitimate. Similarly, positive character testimony can help strengthen the case and increase their chances of winning. 

  • Negotiation

By negotiating with the school, college, university, or complainant by formulating a solid defense, the accused can avoid the Title IX investigation and prosecution entirely. By negotiating, the accused can ask for a resolution to the complaint and reduce the chances of the legal procedure. 

  • Legitimacy of the complainant 

Almost all complainants, such as schools, colleges, and universities, aggressively pursue Title IX allegations. However, some complainants might create a story in an attorney to ruin someone’s reputation or future or punish students they cannot stand. When a complainant files charges against a student, they must submit evidence. 

In such cases, the student or the accused can challenge the legitimacy of the complainant’s evidence. It will also help if the accused tried to prove that the complainant has accused other students without evidence or with illicit evidence in their past. If such proof is established, the charge will be rolled back as the complainant will not be in a position to prosecute. 

  • Evidence 

One of the most effective ways to defend a Title IX charge is by collecting conflicting evidence from social media. Social media platforms can provide ample evidence conflicting with the complainant’s narrative of the incident. Looking at the defendant’s social media account will be worth it. 

For example, if the complainant claims they faced sexual harassment on a particular day or date, you must check their social media accounts to prove their location about the same. If their location was different than they claimed to be, you must use it as evidence.