Title IX Defense Attorney
Defense for Legal & Disciplinary Actions in Salisbury & Surrounding
“No person in the United States shall, on the basis of sex, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination
under any education program or activity receiving Federal financial assistance.”
This tenet, established in 1972 as part of the
Education Amendments Act, prohibits gender discrimination against students and employees of U.S.
educational institutions and federally funded educational programs. Affected
institutions include: local school districts, for-profit charter schools,
state colleges, universities, libraries, museums, and more.
Unfortunately, what was originally intended to protect against discriminatory
behaviors in the education system has since become a vessel for far too
many false accusations and/or injustices during the procedural hearings
that follow. If you have been accused of a Title IX violation, either
as an individual or as an institution, my firm can help. I represent:
- Students accused of sexual assault
- Students accused of violating their school’s code of conduct
- Coaches and athletic faculty accused of unequal or unfair treatment
- Faculty and staff members accused of sexual misconduct or discrimination
Allegations of this nature
must be taken seriously and should be acted upon quickly. As an established
Title IX defense lawyer in Salisbury, I can help you prepare for the internal
investigations and disciplinary hearings to come. In some cases, these
hearings will go all the way to the superior court, and you need to be
prepared if that happens.
Contact my office today at (410) 205-1684 for a
FREE consultation. Backed by 20+ years of courtroom experience, I know how to fight and
win Title IX cases.
Common Types of Title IX Cases
While most commonly affiliated with misconduct in the athletic realm, Title
IX cases apply to a whole host of other accusations as well, including
but not limited to:
- Disparate disciplinary policies based on gender
- Employment discrimination
- Inequitable treatment or funding of athletic programs and opportunities
- Retaliation in the form of denied participation on a sports team/reduced
playing time/demotion to a less-desired position on the team; reduced
grades; suspension or expulsion
- Sexual assault and harassment
- STEM (science, technology, engineering & math) or CTE (career technical
Students who feel they’ve been bullied, harassed, or otherwise discriminated
against based on their gender (male, female, or transgender) can claim
that a Title IX violation led to their mistreatment. In such cases, the
accused will be subjected to a series of internal investigations and hearings
conducted by the school itself. When this happens, the respondent (aka
defendant) will need a strong defense attorney behind the scenes to help
prepare for the proceedings to come.
It’s also important to note that students are not the only ones who
can claim unlawful retaliation. Employees of educational institutions
may also bring a Title IX claim for the following:
- Employer’s refusal to provide positive job reference
- Harassment / mistreatment from a supervisor or administrator
- Material change in job responsibilities
- Pay decrease
In such cases, the employee will need to prove that the demotion, termination,
etc. was made in retaliation.
Sexual Harassment & Violence
In the wake of the #MeToo movement, Title IX has gained significant recognition
for its role in cases of sexual violence and/or harassment on college
campuses. As decreed by the
Department of Education, educational institutions are required to quickly and
meaningfully address any allegation of sexual misconduct, for the protection of the
student(s). Failure to do so is considered not only irresponsible but
potentially illegal, and educational facilities that fail to properly
investigate these issues, even those involving false accusations, may
find themselves under investigation for a Title IX violation.
These expectations have, unsurprisingly, led many institutions to act upon
false claims in an attempt to avoid being brought under investigation
themselves. If your case was prematurely brought to a close under such
circumstances, my firm can help. I can also help institutions accused
that have been accused of violations fight back. Call my office to learn more:
Title IX Investigations & Hearings
Almost as soon as a harassment, sexual assault, or other Title IX complaint
is made, the school or institution will begin the disciplinary process.
However, the investigative process is NOT conducted like a criminal case,
because it’s classified as a civil matter. This means you won’t
have the same Constitutional protections, nor will you be considered innocent
until proven guilty.
While complex, the Title IX investigation process does not follow the same
legal standards as a criminal trial, which means you won’t be given
the same procedural protections either. Key differences between a Title
IX investigation and a criminal case that may not work in your favor include:
- some schools don’t allow the alleged perpetrator, or the alleged
accuser, to be represented by their own attorneys;
- you may have to represent yourself at the hearing, if you get one at all
(some investigations are conducted without ever having a hearing);
- you cannot direct questions to the person who accused you—if they’re
even at the hearing;
the person who accuses you may
not be the “victim ” (in many cases, a third party files an anonymous
complaint and you—the respondent—might never know who actually
A Title IX defense lawyer can advise you on how to proceed under these
conditions, including how to conduct yourself during hearings, whether
or not you should participate/make a statement, how you should dress,
and more. Conversely, if you were not given the fair trial you deserve
after being accused, a defense attorney can help you take the appropriate
steps to fight the ultimate decision that was made.
How to Defend Against a Title IX Complaint
How we approach your case will depend on the nature of the accusations,
your position at the institution, and what’s at stake. However,
no matter what, you do NEED an attorney. Only a qualified and experienced
defense attorney can help you:
- review your school’s Title IX policy to determine if it meets the
government’s standards for fairness; “unfair” policies
are a problem in and of themselves, and no institution wants that brought to light
- prepare for the questions you’ll be asked; unfortunately, you simply
cannot trust the “advisor” provided to you in these situations,
as they are almost always employees of the institution and, as such, may
not have your best interests at heart
- preserve confidentiality so you stand the best chance at success during
What Does Title IX Protect? And Other Common Questions.
What does Title IX protect?
Title IX protects all participants in public and private institutions
that receive federal funding.
Do all schools follow Title IX rules?
Not all schools are governed by Title IX, but the majority are. The key
factor is whether or not the institution receives federal funding, which
can also take the form of financial aid and student loans.
Who enforces Title IX?
The Office for Civil Rights (OCR) of the U.S. Department of Education
is responsible for enforcing Title IX, and all institutions that receive
some amount of federal funding are responsible for complying with Title IX.
What will the hearing look like?
As mentioned earlier, these are NOT criminal hearings. As such, the government
has granted universities flexibility and unprecedented discretion in how
they conduct their investigative processes. That being said, there are
key components that must exist in any/all proceedings. As determined by
the Board of Education, these proceedings must be: adequate, reliable,
impartial, prompt, and allow for both parties to present witnesses and evidence.
In all investigations, the objectives will be to:
- determine whether or not the alleged conduct actually occurred, and
- if it occurred, determine what actions will be taken to prevent such conduct
from occurring again in the future.
Many Title IX investigations involve hearings, sanction boards, and student
+ administrator panels to determine if the school’s Code of Conduct
For more answers to your questions,
visit the NCAA website here.
Title IX Defense for Students in Dorchester, Wicomico, & Worcester Counties
Even if you can’t have a defense lawyer formally represent you in
your Title IX investigation, you’ll still benefit from the guidance
and insight a legal professional has to offer. Without an attorney on
your side, you could face expulsion or worse.
Contact my office today for immediate help in Salisbury or any nearby community. Your first
consultation is free and confidential. Dial (410) 205-1684 to get started.