Retaliation
As a result, Colorado Christian University is covered by Title IX and must ensure that it does not discriminate on the basis of gender in hiring, promotion, training, employment, or other areas governed by the law. Moreover, the law makes it unlawful for any funding recipient to take any adverse action against an individual for filing a Title IX charge.
Students in high school and college often have their academic careers at stake, as well as their future employment and financial opportunities. A claim of sexual misconduct may destroy your chances of getting a job, making it hard to get a loan or scholarship, and securing a place at a good university or college.
These matters move at a faster pace than many other legal proceedings, which means you need to act quickly if you want to avoid penalties and other consequences. You also need to be represented by an attorney with experience in the specific laws and rules governing investigations, disciplinary hearings, and criminal defenses related to Title IX claims.
Because of these serious consequences, survivors deserve to be defended by an attorney who understands how to protect their rights. This includes the ability to bring a civil lawsuit against those responsible for sexual assault, and the right to speak their truth with confidence in court.
Sanctions are typically the final result of the investigative process and can range from a verbal warning to expulsion. They can be an important determinant in a student's decision to attend college or not, and may have a significant impact on their life beyond the classroom.
Title IX is a federal law that prohibits sex discrimination in any education program or activity receiving Federal funds.
The federal government's Office for Civil Rights (OCR) investigates claims of discrimination, and then attempts to obtain voluntary compliance from the accused party or party's institution. OCR also takes enforcement action if it cannot obtain voluntary compliance. This consists of referring a case to the Department of Justice, or initiating proceedings before an administrative law judge to terminate Federal funding to the recipient's program or activity in which the prohibited discrimination occurred.
Additionally, the investigator may request any additional relevant documents and/or interviews from other parties. These include but are not limited to a supervisor, the employer, a co-worker, and a representative of another employer or agency.
A police investigation can reveal who is responsible for the abuse. It can also lead to charges against the perpetrator if there is sufficient evidence to support the allegations.
Cari Simon, for example, is a nationally recognized expert in the field of sexual and gender violence who has successfully represented many survivors of harassment, stalking and dating violence at national universities nationwide. She is the Inaugural Fellow at the Harvard Gender Violence Clinic and has been credited with the inclusion of stalking and dating violence in the definition of sexual harassment under Title IX.
Representation for Students
In addition to the initial investigative phase, the school is required to send a notice of any hearings that are scheduled to take place or are about to be held. These notices must be given to the person accused of the crime, as well as their defense attorney if they so choose.
Representation for Survivors
Sanctions
When it comes to determining whether or not an individual’s behavior constitutes harassment, the university’s Title IX coordinator will look at the report and make a determination. They will then determine if any supportive or interim measures are needed, and if so, will provide those resources to both the accused and the affected party.
Discrimination, or being treated differently because of the way you look, act or belong to a group, is one of the most serious forms of harm a person can suffer. Whether it is direct discrimination (a rule or practice that disadvantages people on the basis of something protected by the Equality Act, such as age, race, religion or sexual orientation) or indirect discrimination (a practice that appears to be neutral but is in fact discriminatory on a prohibited ground, such as a bank that only lends money to applicants who are not immigrants) every individual has rights under the Equality Act and should not suffer unfair treatment.
Title IX Attorney Colorado
If you are a student accused of rape, sexual assault, sexual misconduct including stalking or sexual harassment while attending a college or university, you need an attorney to help you protect your rights and preserve your academic achievements. The consequences for a student accused of these crimes can include suspension, expulsion, "responsible for sexual misconduct" noted on your transcript, criminal prosecution with probation, prison and sex offender registry.
For instance, the firm's lawyers are proud to have represented a former Colorado University student who recently had her Title IX complaint resolved with "no adverse findings" and no policy changes required. Likewise, the team has handled numerous high profile cases at institutions throughout the country, including Temple University, the University of Oklahoma, William and Mary, Brown University, UMass Amherst, UCLA, Assumption College, Florida A&M, North Carolina Wesleyan College, the Indiana High School Athletic Association and more.
Fortunately, the laws that govern Title IX, which protect students and employees in universities and colleges that receive federal funds, do not prohibit a person from filing a report about the conduct they believe is illegal. Rather, these cases are evaluated by an impartial investigator who reviews police reports, social media posts, campus security reports, videos, and other evidence.