Title IX cases are serious business and can get you in a lot of trouble. If your school is funded by the government, it is required to investigate every complaint related to sexual harassment or assault. In today’s political world, where everyone assumes that the accused is automatically the culprit, you must know that the investigation won’t be fair.
If you have been accused of a Title IX charge, you must hire an education lawyer in Texas to protect your rights. You have certain protections under Title IX and must exercise them to gain justice. It is important to have the right legal advisor by your side who can guide you during the investigation process and through the hearing.
Steps in the Title IX investigation process
- Notifying of the charge.
As soon as the plaintiff files the complaint, the Title IX Coordinator must inform you about the charges. They are usually required to send you a written notice with the following information.
- Name of the complainant
- The alleged incident, as told by the complainant
- Your rights as the accused person, including to be presumed as “not guilty” until proven otherwise
- They should also include that you have the right to a legal advisor
- An investigation report is created.
The Title IX Coordinator appoints an investigator for the case, who meets with all the parties involved, gathers evidence, and interviews witnesses. Once the investigation is over, the Investigator creates a report, including all the crucial information and facts.
Both parties have ten days to request a copy and suggest revisions when the report is successfully created. It is important to have an attorney in Texas review this document to ensure every piece of information is accurate. Sometimes an inexperienced person may look over a tiny but significant detail that an expert recognizes immediately.
- A hearing is held.
A hearing is held where both parties are allowed to defend themselves using arguments, evidence, and witnesses. The Coordinator assigns a single Decision Maker who reviews the submitted report and makes the final decision. The hearing is conducted live, and both parties can bring legal representation with them.
- The Decision Maker makes a decision.
The Decision Maker finalizes a decision based on the “preponderance of evidence” standard. If you disagree with the final decision, you will also get a chance to appeal their decision. The time limit to file an application for an appeal is usually ten days.