Sexual assault prevention is the responsibility of all universities, schools, and colleges. Any student allegedly involved in such a case can get severe punishment. Students accused of sexual misconduct need legal help from an experienced Title IX attorney to prove their innocence.
Even the victims also need proper representation from a Title IX lawyer who is specialized in tackling those cases. However, before hiring a lawyer, you should have brief knowledge about Title IX and what it signifies.
Title IX: Meaning And Significance
Title IX comes under federal law with nationwide legal ramifications. It prohibits any discrimination based on sex or gender in education. Every person is entitled to safe and quality education. All students have equal educational opportunities to pursue their courses.
Schools and colleges need to take proactive steps to make sure that gender-based discrimination on school/ college campuses is strictly provided. At the same time, the authority also has to ensure that students are not engaged in any activity that tantamounts to sexual harassment. When a school or college doesn’t take appropriate action on cases relating to sex-based discrimination on campus, a court can hold the school guilty.
Schools and colleges are legally bound to address issues relating to sexual assault, physical harassment, or dating violence. In most schools and colleges, you will see a Title IX office, that deals with these issues. The office can take disciplinary proceedings against the accused and assist the victim to take up the case to a higher authority.
Does Consent Matter In Those Cases?
Consent is essential when two persons are involved in a sexual act. The act can be termed consensual only if there is an explicit or voluntary agreement between parties.
In the absence of clear-cut consent, it can be perceived as harassment, especially if either of the parties brings the matter to the notice of the campus authority.
You must have some kind of evidence to show that your partner is consenting to sexually engage with you. Even an intoxicated person can be charged with a sexual assault when written or verbal consent is missing. Therefore, if you are drunk or intoxicated, it’s better not to do it.
Disciplinary Proceeding Under Title IX
The disciplinary proceeding starts with a live hearing and cross-examination. Usually, schools conduct their own investigation before they begin the disciplinary proceeding. The investigator analyses relevant evidence, statements of the parties and witnesses, and CCTV footage (if applicable) to file a report.
If the higher authority feels that such a case falls under Title IX, it can question the people involved in the case.
In Conclusion
Thus, Title IX holds considerable significance inside the campus. If you or someone you know has been wrongly implicated under Title IX, get legal help.
The attorney knows the relevant laws relating to campus violence, school politics, discrimination, gender bias, sexual harassment at the university campus, and non-consensual physical intimacy. Their vast knowledge can help you win the case and prove your innocence.
