Student Defense Lawyers
When faced with a significant problem at school, it can be a daunting and overwhelming experience. But don’t let it consume you, because there is hope. Allow us, a team of highly experienced Title IX attorneys, to guide you through the complex and nuanced legal landscape that is college and university conduct code policy. Our sole focus is on representing undergraduate and graduate students throughout the United States, and we will never represent the school.
We understand the importance of time when it comes to navigating the legal process, which is why we urge you to seek guidance as soon as possible. Every word spoken, every action taken, can have a critical impact on the outcome of your case. Trust us to rigorously protect your rights, from initial notification to investigations, hearings, and if necessary, appeals.
Our main Title IX Violations page and Conduct Code Violations page are a great starting point for those seeking help. And for a comprehensive and up-to-date guide on navigating the college and university Title IX and disciplinary process, be sure to check out our Guide.
Don’t let your problem consume you, let us help you navigate this difficult time and come out victorious. Trust us, the right lawyer can make all the difference.
Title IX: The Power of Protection
Title IX of the Education Amendments of 1972 is a federal law of immense importance, yet it remains one of the most complex and widely misunderstood laws in existence. In essence, Title IX serves as a beacon of hope and a shield of protection for students, faculty, coaches, and other employees at publicly funded schools, guarding them against discrimination on the basis of sex or gender. This powerful legislation applies to the vast majority of colleges and universities in the United States, ensuring that the rights and well-being of the students at these institutions are always upheld.
The scope of Title IX is vast and encompasses a wide range of issues, including but not limited to:
-Sexual harassment: the unwanted and unwarranted advances or behavior that can make a person feel uncomfortable, scared, or even violated. -Sexual assault: the heinous act of sexual violence that can leave a person feeling traumatized and scarred for life. -A school’s failure to investigate complaints of sexual misconduct: the negligence of a school in not taking the necessary steps to ensure the safety and well-being of its students. -Gender discrimination including sexual orientation and gender identity: the unjust and unfair treatment of individuals based on their sexual orientation or gender identity. -Unequal athletic opportunities for men and women: the disparity in opportunities that can be a source of discrimination and marginalization. -Unequal access to facilities or educational programs: the lack of equal access to resources that can be a barrier to education and personal growth.
Title IX governs how schools must treat its students when a claim of a violation is made. It empowers the person making the claim of an act or pattern of sexual misconduct (also known as the complainant) with the necessary protection to continue their education, including changing schedules, housing, and more. They are entitled by law to a fair investigation into the allegations, as well as proper disciplinary action against the accused if a school determines the misconduct occurred.
On the other hand, a student accused of sexual misconduct (often called the respondent) also has the right to due process before the school takes any disciplinary action. On August 14th, 2020, the U.S. Department of Education implemented new regulations schools must follow that affect both complainants and respondents, ensuring that the rights of all parties involved are protected.
Title IX is not just a law, it’s a movement. It’s a powerful force that empowers and protects the marginalized and the vulnerable. It’s a call to action for us to speak out against discrimination and to stand up for the rights of all individuals. With Title IX, we can create a better and more just society, where everyone can thrive.
Facing accusations can be a terrifying experience for you or your child, as the consequences can have disastrous implications for their academic and professional careers. But don’t worry – Spodek Law is here to help. With the support of our student rights lawyers, you can understand what to expect in a Title IX action, disciplinary action, or criminal case.
When dealing with a Title IX complaint, the college or university must conduct a prompt and impartial investigation. Engaging a student defense lawyer from Spodek Law is essential as your lawyer will ensure that the investigation is conducted fairly, without violating any of your legal rights. Additionally, your lawyer will oversee an independent investigation to uncover any evidence that the school’s investigators may have overlooked, allowing your lawyer to craft the strongest defense possible.
During the investigation, you (or your student) may be asked to participate in an interview or hearing. It is important to note that you have the right to legal representation in these interactions – a student defense attorney is essential to avoid any statements that could lead to an adverse outcome.
Once the investigation is complete, the school will render a decision. Who makes this decision depends on the school – some may have a Title IX tribunal or panel of representatives, while others rely on a single “Title IX specialist” to investigate and determine the final outcome. The standard by which most schools measure decisions is the “preponderance of the evidence” – meaning it must be more likely than not that the accused student committed the misconduct in question.
No matter the situation, a student rights lawyer from Spodek Law can help you understand what to expect and protect your rights throughout the process. With our support, you can confidently move forward.
Preparing for disciplinary proceedings involving code of conduct violations outside of Title IX can be daunting, as colleges and universities use different policies and procedures, and students often receive little legal representation for the process. However, hiring a student defense lawyer prior to the hearing is essential for several reasons; not only does can the lawyer conduct an investigation to collect favorable evidence and determine who may be available to provide an oral or written statement of support, but your lawyer can also prepare and guide you or your student through the process, from mock questioning to developing an opening and closing statement (if permitted). Furthermore, with experience representing both sides, a student rights lawyer is a valuable asset for identifying any biases within the system and challenging an unfavorable outcome if necessary. Ultimately, selecting the right lawyer to support your case can make all the difference.