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TITLE IX – SEXUAL MISCONDUCT AND NON-ACADEMIC MISCONDUCT

DEDICATED LOUISVILLE, KENTUCKY, DEFENSE AND APPELLATE ATTORNEYS

Title IX of the Education Amendments of 1972 provides numerous protections to all students of educational facilities that receive federal funding.  While Title IX is most often associated with sexual misconduct on college and university campuses, the law protects against many different types of non-academic misconduct if the misconduct contributes to discrimination on the basis of sex in any educational program from kindergarten through secondary school and higher education.

Allegations of sexual misconduct or other non-academic misconduct under Title IX are very serious and could result in the loss of scholarships and other privileges, suspension, or even permanent expulsion.  The penalties for sexual misconduct and non-academic misconduct will permanently impair future educational, economic, and social opportunities.  Expulsion from school, college, or university also does not relieve the accused student from tuition obligations and other student debt.

While the stakes are high for all the students involved in a Title IX disciplinary proceeding involving sexual misconduct or non-academic misconduct, many accused students are surprised to learn that they do not enjoy the same rights and due process protections that they would in a traditional courtroom.  While the administrators that oversee Title IX disciplinary proceedings may be required to undergo certain training, these administrators are not necessarily lawyers or otherwise fully versed in the law as their equivalents in a legal proceeding would be.  Oftentimes in the rush to protect the accuser, the rights of the accused student are ignored or even violated.  When a person is accused of serious wrongdoing such as sexual misconduct, people usually expect a high burden of proof.  It is not so in a Title IX disciplinary proceeding.  A finding of sexual misconduct or other non-academic misconduct may be supported by what is called “the preponderance of the evidence.”  The preponderance of evidence simply means “more likely than not.”  So, the preponderance of the evidence standard would be satisfied if a school administrator thinks the accused student is only 51% guilty.  The familiar phrase “beyond a reasonable doubt” has no application in a Title IX disciplinary proceeding. The risks involved in a Title IX disciplinary proceeding are too great for the accused student to face them alone.  Just because the police or other authorities are not involved does not mean that the proceedings are not serious or that anyone can handle the situation on his or her own!

A Title IX disciplinary proceeding involving sexual misconduct or other non-academic misconduct typically involve a complaint, an investigation, and a hearing before the disciplinary board.  The specific process that each educational facility will employ in these situations is governed by the facility’s specific Code of Conduct.  If you are accused of sexual misconduct or other non-academic conduct, it is imperative to obtain legal counsel as soon as possible. The attorneys at the Ron Aslam Law Office can guide you through the process from the initial investigation to the end result and any necessary appeals.  We can help explain the Title IX process to you and guide you through the entire process to make sure that your constitutional and other legal rights are being respected and enforced. 

At the Ron Aslam Law Office, we are professionally, ethically, and personally committed to representing the interests of our clients to the fullest extent of the law. This includes investigation, document review, legal research, the crafting of arguments in your defense, and any other necessary steps to resolve the matter.  Ron Aslam is an experienced and distinguished courtroom litigator having worked as both a Public Defender and a Prosecutor prior to opening his own firm in 2011.  Ron’s associate attorney, John Swain, has extensive appellate experience having worked for 13 years at the Kentucky Court of Appeals.  The Ron Aslam Law Office always work hard to give our clients the best possible opportunity for a successful resolution. If you have been accused of sexual misconduct or other non-academic misconduct in a Title IX disciplinary proceeding, contact us today for a free consultation with our Kentucky defense and appellate attorneys.

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