Daytona Beach Title IX Attorneys
Fighting Accusations of Sexual Misconduct
Title IX allegations in Daytona Beach are serious. As a student, faculty member, or staff member of a federally funded educational institution, if you are found responsible for sexual misconduct that allegedly occurred on campus, you may face life-altering consequences. Your academic or professional career is at stake, as well as your reputation. We recognize that it is important that a process is in place allowing victims to come forward with instances of sexual misconduct. Still, we also believe that those accused should receive a fair and impartial hearing and have legal representation on their side to fight the allegations.
At Hager & Schwartz, P.A., our Daytona Beach Title IX lawyers provide experienced defense for students, faculty, and staff accused of a Title IX violation. Our team is well-versed in administrative processes and Florida's criminal law, allowing us to build compelling strategies for those we help. Representing individuals throughout the investigation, interview, and hearing stages of these cases, we work diligently to protect our clients' rights and safeguard their reputation and future. We are aware of what is at stake in these matters, which is why we fight hard against accusations.
What Is Title IX?
Enacted in 1972 as a part of the Education Amendments Act, Title IX is a federal anti-discrimination law. Generally, it prohibits sex-based discrimination at any educational institution receiving federal funding, which includes K-12 schools as well as colleges and universities.
Under Title IX, sex-based discrimination is not limited to instances of exclusion because of a person's gender. It also refers to sexual harassment or sexual assault. The law requires that any institution receiving a claim of sexual misconduct occurring on campus must investigate and remedy the matter. If a school fails to do what is required, it runs the risk of losing federal assistance.
How Are Title IX Matters Handled?
Note that Title IX proceedings are not criminal cases. They are administrative matters pursued by the school.
The rules an educational institution must follow when investigating and holding hearings for Title IX complaints are not necessarily the same as those a court must follow when handling a criminal case. Rather, they are established by the institution according to federal guidelines.
Also, in a Title IX matter, the standard of proof is much lower than that of a criminal case. Title IX personnel need only prove responsibility for the alleged sexual misconduct by either a preponderance of the evidence or by clear and convincing evidence. In contrast, in a criminal case, the prosecutor must prove guilt beyond a reasonable doubt.
Title IX proceedings are markedly different from those a person would encounter if they were charged with a crime. That is why it is necessary to retain the services of our Title IX defense lawyers in Daytona Beach. We understand the nuances of these processes and can competently guide you through your case.
Our Daytona Beach Title IX attorneys represent students, faculty, and staff of various educational institutions in and around Daytona Beach, including:
- Embry Riddle University
- Bethune Cookman
- Daytona State College
- Stetson University
What Are the Consequences of Being Found Responsible for a Title IX Violation?
If a student, faculty member, or staff member is found responsible for a Title IX offense, they can face a bevy of consequences. Although criminal penalties, such as incarceration or fines, will not be imposed, the sanctions levied can substantially hurt their educational or professional goals.
Examples of Title IX consequences include, but are not limited to:
- Ruined reputation
- Referral to law enforcement for a criminal investigation
- Loss of scholarships
- Withholding of degree
What to Do If Accused of a Title IX Violation?
If you are alleged to have engaged in sexual misconduct at your school, it is important that you take steps early on in your case to prevent adverse outcomes.
Below are things you should and should not do during the proceedings:
- Do not make statements to anyone about the incident
- Do not speak with school officials
- Do not speak with law enforcement officials
- Do not try to contact the person who accused you
- Write out your side of the story, detailing the events
- Make a list of witnesses and their contact information
- Preserve evidence, such as surveillance footage, messages between you and the complaining party, or bedding and clothing
- Reach out to a Title IX attorney in Daytona Beach
Speak with Hager & Schwartz, P.A. Today
Our Daytona Beach Title IX lawyers are here to fight for you throughout your Title IX proceedings and protect you against unfair treatment. We are ready to listen to your side of the story and develop a defense tailored for your specific situation.
I thoroughly recommend Brett Schwartz as a defense attorney.- Michael
Should you ever need a defense attorney, he is the person to contact.- Lisbeth
If you need help go see Brett!- Sally
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