Title IX Defense

Students accused of sexual assault, sexual harassment, or dating violence must take the accusation, and the process, very seriously. Title IX investigative and disciplinary processes can result in suspension, expulsion, a permanent mark on your transcript as a sex offender, or even a criminal investigation! Do not assume your school is looking out for your best interests! Schools across the United States, public and private, are under enormous pressure to prove they take allegations of “sexual misconduct” seriously. A complaint that a school is not taking “sexual misconduct” seriously can result in loss of federal funding. The pressure from former President Obama, former Vice President Biden, Congress, Department of Education, victim rights groups, and members of the public to “believe the victim” has caused schools to create convoluted definitions of consent, and intricate webs of policies and procedures that often lead to Kafkaesque disciplinary proceedings with a predetermined outcome—to find the accused student “responsible” for sexual misconduct by only a preponderance of the evidence, often described as “50% plus a feather.”

School officials who investigate or adjudicate Title IX proceedings may have little to no legal experience related to “sexual misconduct” cases, and they may ignore whatever exculpatory evidence you provide. Most, if not all, school officials are heavily indoctrinated to support the alleged victim, even in the face of evidence that the alleged victim lied. Many schools discipline drunk sex and disrespectful sex as “sexual misconduct,” even though drunk or disrespectful sex is not “misconduct” anywhere else in the United States.

Students accused of sexual misconduct under Title IX have very few due process rights. While you may be entitled to representation by an “advisor of your choice,” you may not be allowed to have anyone outside of your school. An advisor within the school system has also been heavily indoctrinated and may have little to no legal experience in representing those accused of Title IX violations. Even if you are allowed to have an attorney as an advisor, most schools do not allow your attorney to actively participate in the investigation or hearing, if you get a hearing at all. You may not receive notice of the specifics of the allegation against you until after the investigation is done. Almost definitely, you will not be allowed to cross-examine your accuser, and any questions you want to ask will likely have to be put in writing and given to the board members for review. They will most likely not ask all the questions you present. Your imperfect memory will be held against you, while your accuser’s imperfect memory will be considered evidence that your accuser was a victim of sexual assault. Your intoxication will be held against you, while your accuser’s intoxication will be used as evidence of “inability” to consent, even when your accuser made the choice, perhaps unwisely, to engage in sexual activity with you.

Because of the complicated and convoluted nature of Title IX cases, you need representation by an attorney who has knowledge, training, and experience with civil rights, school disciplinary proceedings, and criminal law. Ms. Mitchell meets these requirements! She has can help you navigate this difficult system, and serve as your advocate. If you are a college student in Wisconsin or Colorado, and under investigation or facing disciplinary proceedings for sexual misconduct, sexual harassment, or dating violence, contact The Law Office of Tami L. Mitchell immediately.