Title IX is a federal law that prohibits schools and educational institutes from making any biased decisions based on gender. It eliminates all forms of sex discrimination. The law is applicable to all schools that receive federal funding. Even though Title IX was enforced to ensure equal opportunities for all, including athletics, its scope runs far deeper. As per this law, anyone accused of sexual misconduct, such as harassment, rape, etc., is entitled to an investigation to prove Title IX violation. However, till the outcome of the investigation is brought forth, the defendant has some rights that must be protected. Hiring a Title IX lawyer in Denver from Ernst Legal Group is the best way to preserve your rights.
Related: What Is Title IX and How Does It Protect Students?
Rights of the Accused
Getting accused of sexual misconduct is one of the most devastating things that can happen to anyone. That being said, you still have rights till the Title IX investigations are underway.
Right to an Advisor
Those accused of sexual misconduct retain the right to an advisor. The advisor can stay with them throughout the investigation. Be it at hearings or meetings; the advisor can stay by the defendant at all times.
Right to be Notified
You cannot be accused unknowingly. If someone accuses you of sexual misconduct, it is required by law for you to be notified about all the allegations of Title IX violations.
Right to a Fair Investigation
All the investigations conducted should be unbiased and impartial to ensure a just decision is made without any bias from the investigators.
Right to Dignity
When you get accused of a sexual crime, it permanently marks your reputation. However, despite the nature of the accused crime, you still have the right to be treated with dignity. In fact, if the allegations are deemed false, you can counter-sue the plaintiff for defamation.
Right to Privacy
The law gives the defendant the right to access all information intended for public release before it is published.
Right to Evidence and Witnesses
The accused have a right to share their side of the story and can provide evidence and witnesses in front of the court to prove their innocence.
Right to Appeal
If the decision rules out in favor of the plaintiff, the defendant has the right to appeal any findings of the ruling.
Find a Title IX Attorney at Ernst Legal Group
Title IX violations have severe consequences and you should know your rights. It is important to understand the protections offered under education law when facing allegations. Hire a Title IX lawyer in Denver at Ernst Legal Group if you believe your rights have been violated. Ernst Legal Group provides the best legal aid in Colorado and specializes in Title IX cases. Call (720) 798-3667 to get in touch today.
Title IX Lawyer Q&A
At Ernst Legal Group, our Title IX attorneys understand the sensitive nature of Title IX accusations. We prioritize our clients' privacy and dignity, ensuring confidential handling of all cases. Our approach includes securing your information, discreetly managing communications, and advocating for your rights, aiming to minimize the impact on your reputation and personal life.
Yes, Ernst Legal Group is experienced in handling Title IX appeals in Denver, Colorado. If you're dissatisfied with the outcome of your Title IX case, our Title IX attorneys can guide you through the appeals process. We'll work with you to review the initial findings, gather additional evidence, and present a compelling argument for your appeal.
Federal regulations require prompt and equitable resolution, with written notice of allegations and procedures sent to the parties. The notice must describe the alleged conduct and the applicable policy, and it must state that a determination will be based on an objective evaluation of all relevant evidence. Schools must allow a meaningful opportunity to present information and to review evidence, consistent with the regulations. Institutions also must meet recordkeeping duties and share outcome notices that explain findings and any remedies. Exact steps can vary by institution, but the baseline procedures are set by 34 CFR Part 106. Always check current federal rules and any court orders that affect your campus.
Supportive measures are non-punitive, individualized services designed to restore or preserve a party’s access to education. Examples include academic adjustments, counseling referrals, schedule changes, or no-contact directives that do not unreasonably burden either party. These measures can be offered with or without a formal complaint, and they are not disciplinary. Sanctions, by contrast, are punitive outcomes imposed after a finding or resolution, such as suspension or expulsion. The regulations and agency materials emphasize careful documentation and fairness when implementing supports. Understanding this distinction helps parties navigate safety, access, and due process during a case.
A police investigation does not relieve a school of its Title IX duty to address reported sex discrimination. Schools may coordinate with law enforcement, and they can allow a short delay for evidence collection if necessary. The campus process should still proceed promptly and equitably under institutional policy. Parties should be informed about differences between criminal standards and educational standards. Parallel processes can affect timing and strategy, so clear communication with advisors is important. Federal guidance explains that Title IX obligations are independent from criminal proceedings.
If you're facing a Title IX accusation in Denver, Colorado, understanding your rights is the first step towards defending yourself. Reach out to Ernst Legal Group for comprehensive legal assistance from a Title IX attorney. Our team is dedicated to providing you with the knowledge and support needed to navigate this challenging time.
Additional Information in Colorado, Denver
Policy | Title IX - U.S. Department of Education: U.S. Department of Education's Title IX Policy provides a comprehensive overview of the Title IX Final Rule and various resources including regulations addressing sexual harassment, webinars, and blogs on specific Title IX issues.
Office of School Safety - Sexually Inappropriate Behaviors: Offers resources and guidelines for addressing sexually inappropriate behaviors in schools, including cyberbullying, sexting, and sextortion. It also includes a reference guide for school personnel on supervising juveniles who have committed sexually abusive behavior.
Even though Title IX was enforced to ensure equal opportunities for all, including athletics, its scope runs far deeper. As per this law, anyone accused of sexual misconduct, such as harassment, rape, etc., is entitled to an investigation to prove Title IX violation. However, till the outcome of the investigation is brought forth, the defendant has some rights that must be protected. Hiring a Title IX lawyer in Denver from Ernst Legal Group is the best way to preserve your rights.
When you get accused of a sexual crime, it permanently marks your reputation. However, despite the nature of the accused crime, you still have the right to be treated with dignity. In fact, if the allegations are deemed false, you can counter-sue the plaintiff for defamation.
