Title IX Investigations and Complaints

Being named in a Title IX Complaint is a serious and potentially life-altering matter. It places you as a student or faculty member in the hands of school administrators who are unprepared and ill-equipped to handle serious and complex investigations into claims of sexual misconduct. Typically, schools and universities are either naive to the requirements of due process, or simply do the bare minimum to reach a conclusion that often finds the accused party responsible for serious violations of conduct and law. Without help from an experienced and effective Title IX defense attorney, students and faculty accused of Title IX violations may find themselves removed from school for acts they did not commit. Worse, a Title IX investigation may turn into a criminal case, and everything you do and say in the course of the Title IX investigation can and will be turned over to law enforcement. This is why it is imperative that you consult with an expert Title IX defense attorney from the outset before speaking to school officials or law enforcement.

The expert Title IX attorneys at Meilstrup & Brown leverage their years of experience in Title IX investigations to provide their clients with the highest level of defense to achieve the most favorable outcome. Led by attorney Lindsay Brown, the team at Meilstrup & Brown offers each client a zealous and sophisticated defense designed to protect their education, future, and rights to due process.

Title IX is a civil rights law that prohibits schools or educational programs that receive federal assistance from discriminating against anyone on the basis of sex. This includes almost every public and private elementary, middle, and high school and university in the country. The law was first enacted to stop male-dominated sports and academic disciplines from excluding or discriminating against women.

Since the law first passed, however, Title IX rules have continued to evolve in their scope, meaning, and enforcement. Today, Title IX also protects students from sexual harassment and assault and prohibits discrimination on the basis of sexual orientation or gender identity. Further, it requires schools to operate as quasi-investigatory bodies to determine if acts of sexual harassment or assault occurred, and, if so, to take swift action to ensure the perpetrator is prohibited from doing so again.

The past three presidential administrations have altered Title IX rules related to sexual harassment and assault. These changes have sparked a fierce debate over how to protect students from sexual violence while also offering due process for accused perpetrators. The unfortunate reality has been that the rights of accused students are often ignored.

Though well-intended, the practical problem manifested in the Title IX world is that schools and universities are undertrained, unprepared, and ill-equipped to fairly and reliably handle complex investigations into claims of sexual misconduct. This leads to unfair and unwarranted results, usually to the detriment of the student or staff member accused, especially when they attempt to navigate the process alone. Worse still, what happens during the Title IX investigation can be disclosed to law enforcement in pursuit of criminal charges. Your future is too important and the stakes too high to forego the vigorous defense you can expect from an experienced Title IX attorney. Contact the team at Meilstrup & Brown today.

While federal law dictates what must happen during a Title IX investigation, in practice the process may vary widely among schools and universities across Colorado and the country. Generally, here is what you can expect to happen if you are named as the accused (Respondent) in a Title IX investigation:

  • A school official will try to hold a preliminary conversation with you about what happened without first providing you details of the allegations against you. You cannot possibly address and confront the details in the allegations without more information. DO NOT speak to anyone from the school or law enforcement without first talking to an experienced Title IX defense attorney.
  • You will receive a Notice of Investigation letter containing a brief summary of the allegations against you and the sections of the school’s policy you are alleged to have violated. The school’s Title IX coordinator may ask to meet with you to review the investigation process and “supportive measures.”
  • You will be asked to meet with a Title IX investigator to tell “your side of the story.” Everything you say during this meeting will be used against you in the course of the investigation, and, if applicable, any companion criminal case. DO NOT attend this meeting without first speaking to an experienced Title IX defense attorney.
  • The Title IX Investigator will interview the accuser and any witnesses from both sides. They will collect and review evidence and put together Preliminary and Final Reports that “fairly” summarize the evidence in the case for the decision-maker.
  • Both parties (Complainant and Respondent) have an opportunity to respond to both reports by asking the investigator to gather additional evidence or ask supplemental questions of witnesses, among other things. The response to the Final Report is the first opportunity you have to make your case for innocence to the decision-maker.
  • In certain situations, the Respondent has the right to a live hearing, during which the Respondent, through an attorney, may present evidence, cross-examine witnesses, and present arguments to the hearing officer.
  • After the Final Report (or live hearing in applicable cases), a “neutral third-party decision-maker” or the hearing officer will decide, usually by a “preponderance of evidence,” whether the Respondent is “responsible” or “not responsible” for the alleged acts. If found “Responsible,” the case may proceed to an “outcomes council,” which decides the appropriate remedy.
  • Both sides have an opportunity to appeal the finding and the outcome based on certain criteria outlined in the rules.

Despite federal rules and regulations that oversee all Title IX cases in the country, the way Title IX investigations and complaints are handled varies widely from state to state and from school to school. Some schools have developed sophisticated systems for ensuring the required due process rights of the accused; many have not. Only the assistance of an experienced Title IX attorney can help you successfully navigate the complex world of Title IX investigations in a way that ensures you are treated with fairness, transparency, and provided adequate due process.

  • Our experienced Title IX defense attorneys are acknowledged experts in their field. We have handled cases at nearly every public and private university in Colorado, as well as many public and private elementary and secondary schools across the Denver Metro Area. In addition, we have represented students and faculty at colleges and universities across the country. We have achieved successful outcomes in many cases despite the challenges inherent in these proceedings. Simply put, we have seen it all, and we are well-prepared to provide you with a zealous and effective defense no matter the forum or circumstance.
  • We offer a concierge-level approach to each case. This means we recognize that no two cases are alike, and we spend as much time as necessary gathering the information needed to present a strong, custom-tailored defense.
  • We communicate in ways that are clear, concise, and compassionate so that you can understand the Title IX process and feel comfortable and confident taking an active role in your defense.
  • We leave no stone unturned. Having worked at some of the most prestigious law firms in the state, our team knows how to achieve optimal outcomes in high-stakes situations. We apply that experience to every case we handle.
Title IX Defense Attorneys Denver Colorado

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