It is not an easy experience for a college or university student who is facing disciplinary action. It can affect both your education and reputation.
If you are accused of sexual assault on your college campus, the institution will subject you to disciplinary action and fact-finding procedures to dig into the matter in depth. Trying to defend yourself about the issue may escalate the problem, especially when you lack a platform to respond to the accusation.
It is advisable to look for an attorney in your proceeding to point out areas your rights is being violated. Also, the attorney could make sure the institution properly considers your interests and the complainant. You can hire the Title IX lawyers at Duffy Law if you find yourself cornered by circumstances for their years of experience. Getting a qualified attorney is the first step of finding a solution to the accusation leveled against you.
So, here is the reason you may require an attorney to intervene for your Title IX hearing.
There is a lot at stake
An attorney is your representative in your Title IX hearing and stands with you through the process that may negatively impact your education and other factors in your life. Your attorney may give you the right legal guidelines to help you deal with the situation by ensuring the school does not violate your rights throughout the proceedings. What is at stake for you here? The school may decide not only to suspend or expulse you but affect your ability to graduate or transfer to another institution, secure a job, or jeopardize good conduct certification. That’s why you require an experienced attorney to argue on your behalf and possibly settle the matter amicably.
Your school’s motivations
Your school may be conducting a Title IX hearing, but that does not mean they’ll allow the matter to slide. The school may have a powerful motivation to prioritize the complainants against you over your interests. If the case is not handled correctly, your school stands to lose federal funding after failing to satisfy the federal government. Also, your school is aware chances of losing are high when dealing with private lawsuits challenged by students who feel their rights are being violated during the proceedings. The moment you hire an attorney, that puts your school on notice about your preparedness and the proceeding process. Also, the school learns about your awareness of your rights and how you are determined to see unfair proceedings do not take place.
The standard of proof is very low
Relying on your school to handle the process may hinder justice for you by basing the facts on the preponderance of the evidence, which is a lower standard of proof than during criminal trials. The criminal case is determined when there’s proof beyond any reasonable doubt. But for school, relying on a low standard of proof from the disciplinary committee is dangerous if related to sexual misconduct because of lack of evidence beyond the competing stories of both the accuser and the complaint. You compel your attorney to employ a reasonable argument to counter the school’s low standard proof through such a situation.
If you face disciplinary action from your school for sexual misconduct accusations, don’t hesitate to hire an attorney to represent you for the Title IX hearing. It is the only way to get a fair hearing and ruling.