Title IX Due Process and Rights of The Accuser
Fighting For Important Causes In State And Federal Courts
No student should ever have to experience discrimination on account of their sex or for any other reason. Unfortunately, many students are subjected to deplorable actions that can leave them severely traumatized. However, a victim of sexual discrimination does have options when it comes to seeking justice for against their abuser. If you or a family member need assistance pursuing a Title IX case, you should consult with an experienced Title IX due process attorney as soon as possible.
The Law Office of Andrew Shubin is here to offer you the legal representation you deserve to combat sexual discrimination that you suffered at the hands of an abuser. Our firm recognizes the pain and trauma a victim may experience due to discrimination, and we would be honored to fight for you. To schedule a free legal consultation to discuss your potential case, contact The Law Office of Andrew Shubin at (814) 826-3586. You may also get started on scheduling your consultation using our online submission form.
How Does Title IX Benefit the Accuser?
Title IX was passed into law as part of the Education Amendments Act of 1972. This law essentially states that no person should be denied the benefit of educational, athletic, or federal financial assistance on the basis of their sex. Title IX regulations apply to educational institutions that receive federal funds. It is important to note that Title IX applies to public and private educational institutions because they receive federal funding either directly or indirectly through financial aid programs utilized by students.
Generally, there are three prongs of Title IX that educational institutions must follow.
Participation
Under Title IX, women and men are must be given equal opportunities to engage in individual and team sports. Note, however, that an institution is not legally required to offer identical sports for women and men, instead of educational institutions must be sure that each student has equal access to play sports.
Scholarships
Additionally, Title IX holds that male and female students that engage in sports must be provided with scholarship funds that are proportional to athletic participation.
Athlete Benefits
Title IX also provides a number of benefits for student-athletes. For example, male and female students must have equal access to lockers rooms and tutoring that may be needed for student-athletes to keep their grades in order. Here are other benefits provided by Title IX:
- Equal access to sports equipment and supplies
- Access to training facilities
- Medical treatment services for injuries that occur playing a sport
- Housing and dining services
- Recruitment of student-athletes
- Access to travel arrangements for sporting events and daily allowances
This is not an exhaustive list. It is important to note that Title IX does not only apply to athletic programs at educational institutions. This law can also apply to school courses, counseling, financial aid, and many other services provided by schools.
To learn more about the due process rights of an accuser in a Title IX action, you should continue reading and speak with an experienced Title IX litigation attorney as soon as possible.
Title IX Due Process Rights of an Accuser
All academic institutions are subject to the regulations put in place by Title IX of the Education Amendments Act of 1972. When a student makes an allegation of sexual assault, the accuser (and the accused) have due process rights during the investigation and adjudication of the allegations. It is important to note that sexual assault allegations must be taken seriously whether the assault occurred on-campus facilities or outside the boundaries of the school.
The following are due process rights afforded to the accuser during a Title IX case:
- Access to an impartial and properly trained hearing panel
- The right to submit evidence proving the sexual assault
- The ability to cross-examine a witness or the accused
- The right to consult with a Title IX attorney
- Using the correct standard of proof to adjudicate the case
- Access to evidence that can prove the accused’s guilt
It is important to note that the due process rights of an accuser may be subject to change depending on a variety of factors. If you believe that your due process rights are being violated by your educational institution, you should not hesitate to contact an experienced attorney that can help you fight for your due process rights. Due process rights violations can even be addressed after an institution has made a decision concerning your case.
Additionally, it is important to note that changes in Title IX laws have provided more protections for the accused. If you wish to know more about your due process rights and how the rights of the accused can affect your case, you should speak with an experienced Title IX lawyer as soon as possible. Please do not delay in speaking with an attorney as it could negatively impact your case in a number of ways.
Contact Our Experienced Title IX Due Process Attorney to Discuss Your Rights as an Accuser
If you or a family member was a victim of discrimination, you should work with an experienced Title IX due process lawyer immediately. Title IX attorney Andrew Shubin has over two decades of experience litigating complex discrimination cases, and he is committed to fighting for you. To schedule a free legal consultation to discuss the details of your case, contact The Law Office of Andrew Shubin at (814) 826-3586. You may also contact our firm online.