Saratoga Springs Accused Student Defense Lawyers

Understanding Title IX and Student Misconduct

Title IX is a federal law that prohibits discrimination based on sex in any federally funded education program or activity. It has been interpreted to include protection against sexual harassment and sexual violence, such as rape, sexual assault, and sexual battery. Schools must respond promptly when any school employee has notice of these types of sexual crimes.  

This law is closely connected with student misconduct. Under Title IX, institutions that receive federal funds must ensure that no student suffers from sexual harassment, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

Title IX Proceedings

If college students are accused of misconduct, they may be subject to Title IX proceedings. The university conducts administrative proceedings to determine whether a student has violated the school's code of conduct, particularly in matters related to sexual behavior.

The process generally involves an investigation conducted by the institution, including interviews with the parties involved, evidence gathering, and review of relevant documents. Following the investigation, a hearing may be held where the complainant and respondent can present their case.

The specifics of the process can vary widely from institution to institution, as each school is responsible for establishing its own procedures in line with federal guidelines.

While these proceedings are not criminal trials, they can carry significant consequences for students found responsible for misconduct, including suspension or expulsion from the institution. Furthermore, a Title IX proceeding does not preclude civil or criminal charges from being filed separately concerning the same incident, should authorities deem it appropriate.

Therefore, while a Title IX proceeding isn't a prosecution in the legal sense, it's a serious matter that requires careful handling and, often, legal representation.

Types of Misconduct in Student Accusations

Sexual misconduct is not the only type of wrongdoing a college student may be accused of.

Other types of misconduct can include:

• Academic dishonesty, such as plagiarism or cheating
• Violations of school policies or codes of conduct
• Drug or alcohol-related offenses
• Other criminal incidents

Our firm offers extensive experience in defending students in these complex cases. We understand the unique legal challenges that arise in the intersection of academic disciplinary proceedings and civil or criminal law.

Our strategies include a thorough review and challenge of the evidence presented, ensuring that all procedures are followed correctly by the institution, advocating for the student’s rights throughout the process, and negotiating with school officials to reach an appropriate resolution.

If you are a student or the parent of a student facing any misconduct, our team is here to help you fight back. Whether in disciplinary hearings or civil or criminal charges, our mission is to protect your reputation and future.

Find out how we can help by contacting E. Stewart Jones Hacker Murphy at (518) 284-3183.