Title IX and Campus Sexual Assault Defense

Title IX is a federal civil rights law that prohibits sex-based discrimination in any educational program or activity receiving federal financial assistance. This includes sexual harassment, sexual assault, dating violence, domestic violence, and stalking. If you are accused of violating Title IX, the consequences can be severe, including suspension, expulsion, and even criminal charges.

At DC Student Defense, we have decades of experience handling complex Title IX cases, and we know these accusations have the potential for life-altering repercussions. Our team is dedicated to protecting your rights and ensuring you receive fair treatment throughout the process. We are committed to providing a robust and compassionate defense, guiding you through the Title IX process while prioritizing your well-being and future career prospects.

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What is Title IX?

Title IX is a federal civil rights law enacted in 1972 as part of the Education Amendments. It prohibits sex-based discrimination in any educational program or activity receiving federal financial assistance. While initially associated with promoting gender equity in athletics, Title IX has evolved to encompass a broader range of protections.

In the context of sexual misconduct, Title IX ensures that all students have the right to learn and participate in educational activities free from sexual harassment, assault, dating violence, domestic violence, and stalking. This means that schools are obligated to investigate and respond to complaints of sexual misconduct promptly and equitably, regardless of the parties involved.

Title IX investigations are conducted by the university or college and are separate from any criminal investigation. The standard of proof in a Title IX hearing is “preponderance of the evidence,” meaning it is more likely than not that the alleged conduct occurred. Sanctions for violating Title IX can range from disciplinary probation to suspension or expulsion.

If you are involved in a Title IX investigation, it's crucial to understand your rights and responsibilities. Seeking legal counsel from an experienced Title IX attorney can help you navigate the process and ensure your voice is heard.

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Title IX and Sexual Assault Investigations and Penalties on College Campuses

Title IX regulations mandate that colleges and universities receiving federal funding must investigate and adjudicate allegations of sexual misconduct, including sexual assault. These investigations are separate from any criminal proceedings and adhere to a different standard of proof—the “preponderance of the evidence” standard, meaning it is more likely than not that the alleged conduct occurred.

The investigative process typically involves:

Formal Complaint: The process begins with a formal complaint filed by the survivor or a third party.
Investigation: The school conducts an investigation, gathering evidence, interviewing witnesses, and reviewing relevant documentation.
Hearing: Both the complainant and the respondent have the opportunity to present their case, provide evidence, and question witnesses during a hearing before a neutral decision-maker or panel.
Determination: The decision-maker or panel determines whether the respondent is responsible for violating Title IX policy based on the evidence presented.
Sanctions: If found responsible, the respondent may face sanctions ranging from disciplinary probation and mandatory counseling to suspension or expulsion, depending on the severity of the violation and the school’s policies. Additional sanctions could include a no-contact order, housing relocation, or loss of privileges.

It’s important to note that both the complainant and the respondent have the right to legal representation throughout the Title IX process. Having an experienced attorney can help ensure your rights are protected, your voice is heard, and you receive a fair and equitable resolution.

Sexual Assault and Other Forms of Sexual Misconduct on College Campuses

Sexual misconduct is a broad term that includes such terms as “rape,” “sexual assault,” “sexual violence,” “sexual harassment,” “domestic violence,” “stalking,” and “intimate partner violence.”

University Title IX policies and student conduct codes may include all of these potential terms as potential violations.

Sexual violence is defined as any sexual act, or attempt of any sexual act, against an individual through coercion or manipulation and includes sexual harassment, sexual assault, rape, and sexual abuse.
Sexual violence is committed through coercion and/or manipulation, in which one individual exerts his or her power and control over another individual, taking away one’s autonomy of decision-making as it regards any sexual act.

Sexual harassment is an all-encompassing term, marked by harassment of an individual through unwanted sexual advances, offensive sexual statements, jokes, observations, requests for sexual favors, and/or sexual gestures, which creates a hostile environment for the victim. At the heart of sexual harassment is the perpetrator’s manipulation of the victim, and the perpetrator’s ability to take the power of choice away from the victim. Even the failure to respect another’s choices in gender identification and pronoun preference may result in allegations of sexual harassment and/or Title IX violations.

Sexual assault is defined as any sexual touching or contact that occurs without consent. Rape is a form of sexual assault. Sexual assault can occur through force, intimidation, manipulation, or because the victim cannot give consent.

Rape is defined as non-consensual sexual intercourse of penetration. Three of the most common types of rape we see on college campuses include:

Stranger Rape: Stranger rape is what comes to mind most often when we think of rape, because it is the form that is most perpetuated by the media. This type is where the victim and the assailant are complete strangers without any connection other than the assault itself. We see this in movies and on television, and it is this form that usually makes national headlines. However, this is the least common form of rape.
Partner Rape: Partner rape can be complex and sometimes hard to understand because it is often ‘assumed’ that individuals in any form of relationship have ‘consented’ to being in that relationship, often ‘love’ each other, or are happy to engage in sexual activity, all of the time. However, sexual assault and rape can happen between people in a relationship. Just because two people are dating does not mean that they must have sex (or any sexual contact) all of the time, or any of the time at all. Thus, if a partner does not want to have sex, and is coerced or manipulated into having sex, even if the two parties are in a relationship, this constitutes rape.
Acquaintance Rape: Acquaintance rape is the most common form of rape, and does happen with alarming frequency on all college campuses. This form is a non-consensual sexual act between people who know each other outside of the sexual act itself. This often includes “date rape” – a sexual assault that occurs after a date between individuals.

How a Student Defense Attorney Can Help with Your Title IX Case

Navigating a Title IX investigation can be overwhelming and confusing. An experienced student defense attorney can provide invaluable support throughout the process, ensuring your rights are protected and your voice is heard.

Here’s how a student defense attorney can help:

Understanding Your Rights: Title IX proceedings have specific rules and procedures that can be difficult to understand. An attorney will explain your rights, ensuring you are treated fairly and receive due process.
Building a Strong Defense: Your attorney will thoroughly investigate the allegations, gather evidence, interview witnesses, and develop a compelling defense strategy tailored to your case.
Advocating for You: Throughout the investigation and hearing process, your attorney will be your advocate, ensuring your perspective is considered and your voice is heard.
Negotiating with the University: In some cases, it may be possible to negotiate a resolution with the university before a formal hearing. Your attorney can advocate on your behalf to achieve the best possible outcome.
Protecting Your Future: A Title IX finding of responsibility can have serious consequences for your academic and professional future. An attorney will work tirelessly to protect your reputation and minimize the impact on your future.

At DC Student Defense, our team of experienced Title IX attorneys, led by Attorney Shan Wu, understands the nuances of Title IX cases and the potential for lasting repercussions. We are dedicated to providing compassionate and effective legal representation to students facing Title IX allegations.

What Our Clients Say

“Attorney Shanlon Wu and his team have been amazing advocates for my college sophomore and our family as we navigate through an alleged violation. With Attorney Wu's team, my child has been able to return to campus and continue his education. I highly recommend him.”
- Claire C.

“The DC Student Defense fund helped me specifically with an alleged university violation - I could have faced up to suspension or expulsion. With their help I was able to come to a reasonable conclusion with the school that allowed me to learn from my mistakes and still graduate with honors. Very reliable and accurate service, timely, and knowledgeable about a huge variety of legal matters for students.”
- Mike J.

“Shan was very helpful in resolving a complex title IX issue with the university. He had a good knowledge of the system and helped navigate it with clear communication of all available options. We would recommend DC Student Defense.”
- John S.

Frequently Asked Questions

What do I do if I’ve been accused at my school of a Title IX violation or criminally charged with sexual assault?

You need a lawyer experienced with both Title IX violations and criminal sexual assault investigations. Accusations of sexual assault brought by your university or college will involve your school’s Title IX policies. But since sexual assault is also a crime, it is crucial you have a Title IX lawyer who also has experience with criminal sexual assault cases. Although not all Title IX cases also involve criminal investigations, any Title IX defense must also involve protecting you against possible criminal charges, conviction, registration as a sex offender, and jail. Being found responsible for a Title IX violation can have devastating academic and professional consequences, including suspension, expulsion, and difficulty with transfers to other schools, graduate school, and employment. Navigating through this minefield of dangers can be overwhelming and you will need the guidance of a lawyer experienced in Title IX, university discipline cases, and criminal law.

What if I’m accused of sexual assault both by my college/university as well as the police and prosecutors?

Managing dual investigations -often referred to as parallel proceedings – is an extremely complex and difficult process. You shouldn’t make any decisions in such situations without the aid of experienced criminal defense attorneys who also can defend you against campus proceedings. Both your academic/professional future and your liberty is at stake.

What are some of the different types of rape seen on college campuses?

Stranger Rape: When the alleged victim and accused do not know each other.
Partner Rape: When the alleged victim and the accused are in a relationship.
Acquaintance Rape: When the alleged victim and the accused know each other but are not in a relationship.

What is the most common form of rape on college campuses?

Acquaintance rape, the most prevalent form of sexual assault, occurs at an alarming rate on college campuses nationwide. Unlike stranger rape, it happens between individuals who know each other, often in social settings or on dates. This pervasive issue affects students across the country, regardless of their university or background.

Let DC Student Defense Defend Your Rights

No one deserves to face a Title IX allegation alone. At DC Student Defense, our compassionate and experienced team is committed to providing you with the guidance and support you need to protect your rights and your future. Contact Attorney Shan Wu at DC Student Defense today and let us fight for your rights.

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