Title IX is a federal law that requires educational institutions and programs that receive federal funding to ensure sex discrimination does not interfere with their studies and extracurricular activities. The law was pivotal in requiring schools to allow admissions to women in educational institutions and to fund women’s athletics, ensuring equal access to education and collegiate activities. While the law has helped address sexual harassment and sexual violence in colleges, there can be unintended consequences.
Sometimes, complainants lodge false allegations. False accusations of Title IX allegations can cause devastating consequences that follow the wrongly accused for years to come. If you have been falsely accused of sex-based discrimination or harassment, you need an experienced Title IX defense lawyer on your side. Contact KJK’s Student & Athlete Defense practice group for help.
Possible Consequences to Title IX Allegations
Title IX consequences can be severe, even if you are ultimately exonerated of the allegations. Through interim or supportive measures, you may be required to move out of your college dorm, resign from your position at an on-campus job, or withdraw from classes.
Additionally, the Title IX investigative process can be intensive. You may be subject to a lengthy interview where you are asked a series of embarrassing and pointed questions. Your peers, colleagues, professors, and others may be dragged into the investigation.
Title IX proceedings are distinct from criminal proceedings. You do not receive the benefit of legal safeguards and constitutional rights in place when you are accused of committing a crime. False allegations can tarnish your reputation and potentially even subject you to criminal charges.
Even if you are innocent, if the investigator believes the accuser, you could face significant consequences, including academic probation, suspension, or expulsion. These serious consequences can interfere with your academic career and derail your future.
Reasons Why People May Make False Allegations of Sexual Assault or Harassment
False allegations of sexual assault or harassment can arise for various reasons. Some of the most common include:
- Revenge – A former partner may be angry that you have moved on or were unfaithful. A jealous ex could lie and say you sexually assaulted them when you didn’t.
- Regret – Even when consensual, some individuals may regret sexual encounters. They may try to clear their conscience by reframing what happened as a predatory act, even when this is not true.
- Misunderstanding – Sometimes, an accuser misunderstands someone else’s comments or actions, leading to exaggerated claims of sexual misconduct.
A Title IX false accusation lawyer can investigate your case to determine if any of these motives existed to aid in your defense. These motives may weaken the accuser’s credibility and their case.
Evidence Used in Title IX Cases
To understand the full extent of the consequences that can arise from a false Title IX claim, it’s essential to understand the differences between Title IX and criminal cases. In criminal cases, prosecutors are bound by rules such as the Federal Rules of Evidence, which limit evidence to ensure it is reliable and not more prejudicial than probative. Prosecutors must prove that the defendant committed a crime by proof beyond a reasonable doubt, which is the highest standard of proof.
Colleges and universities are not bound by these rules of evidence. Instead, their specific Title IX policies dictate the standards and procedures they must follow. Due to these limitations, evidence that would normally not be permitted in a judicial proceeding can be allowed in a Title IX case. This could lead to unreliable accounts based on hearsay or rumors being used to find the accused responsible for a serious act of sexual misconduct.
Additionally, the standard of proof that most of them use is proof by the preponderance of the evidence, a much lower standard, meaning that it is slightly above 50%, as the accuser claims.
Further complicating the matter is that schools may serve multiple functions as judges, juries, and investigators. Investigators may take many steps to gather evidence against the accused, including:
- Interviewing the person who made the accusations and the accused
- Questioning witnesses who may have observed the incident in question or have a connection to the case
- Reviewing complaints and the accused’s discipline record
- Collecting evidence, such as documents, emails, social media messages, and text messages
These investigations are usually only launched to find evidence against the accused, not to exonerate them.
Can a Witness in a Title IX Investigation Be Charged with Perjury If They Lie?
One deterrent for people to lie in criminal cases is the prospect of being charged with perjury, which involves lying under oath. However, colleges and universities are not required to abide by specific rules of evidence while investigating allegations of sexual violence or harassment or in related hearings. Therefore, if a person lies during these proceedings, they may not be subject to the same penalties they would be in a criminal case.
However, if the case goes to court – such as if criminal charges are filed or the accuser sues you – they would be bound by these rules and could face perjury charges if they lie on the stand. It may be challenging to prove they are lying, and prosecutors may be reluctant to file charges against them.
Colleges and universities may have their own policies related to dishonesty in official proceedings. They may take other disciplinary action against students who lie, such as placing them on academic probation or dismissing them from their position on campus.
I’m Not Guilty, So I Can’t Be Found Guilty, Right?
Many people – even those who are accused of crimes – believe that if they are innocent that they can’t possibly be found guilty. However, this is not always the case. Investigators and decision-makers come into a case with their own prejudices and biases. They may believe the accuser, which may be enough in a he-said, she-said situation to make a finding of responsibility in a Title IX case.
What to Do If You Are Wrongfully Accused of Title IX Violations
If you are facing sexual assault allegations or other sexual misconduct under your school’s Title IX policy, it’s crucial you take immediate steps to protect your rights, including:
Select an Advisor
Title IX allows the accused and the accuser to have an advisor of their choice. This advisor can play a critical role in your case, especially if they are a Title IX defense attorney. Your lawyer can:
- Review your school’s Title IX policies and explain the investigation process to you
- Advise you of your legal rights
- Explain whether a favorable outcome may be possible in an alternative dispute resolution
- Understand what your objectives are related to the allegations
- Craft a defense strategy tailored to your particular case
- Obtain, submit, and preserve relevant evidence that aids in your defense
- Make timely objections based on relevant regulations, laws, school policies, and best practices
- Advocate for supportive measures that can help your education not be disrupted due to false accusations
- Prepare you for the investigative interview and hearing
- Safeguard your right to due process throughout the proceedings
- Review investigative reports and make timely responses based on misunderstandings, errors, or omissions
- Determining if you have grounds for appeal if an adverse decision is made against you
Read Your School’s Title IX Policy
To gain a better understanding of the legal process ahead, you should carefully review your school’s Title IX policy. Every school is responsible for creating its own Title IX policy, which serves as the blueprint in the event of an allegation arising out of Title IX.
Sometimes, schools fail to follow their own policies, which must comply with state and federal laws. Experienced attorneys can review these policies to identify deficiencies or misapplications.
Gather Evidence
Part of building a strong defense is to gather objective evidence that proves your version of events is true, and the accuser’s narrative is false. Depending on the nature of the complaints against you, this evidence could include:
- Text messages
- Social media posts or messages
- Photos
- Videos
- Physical evidence
Keep this evidence in a safe place. Download anything from the school’s servers, since this information could be destroyed or mishandled during the investigation process.
Write Down a List of Witnesses
Consider who may have seen the event in question or who may have background information about you or the accuser that can shed light on what really happened. Consider the following individuals:
- Friends
- Sorority or fraternity members
- Classmates
- Colleagues
- Character witnesses
- Resident assistants
- Bystanders
Write down this list of witnesses and a brief description of what they might know about the incident. Share this list with your lawyer. Your legal counsel may be able to draft questions for these witnesses during the disciplinary proceedings.
Do Not Contact the Accuser
Many Title IX cases involve a no-contact order between the accuser and the accused, so it’s important that you do not try to contact the person making the false allegations against you. It’s understandable that you want to clear your name, but contacting the alleged victim can damage your case.
If you have received a no-contact order, read it carefully and strictly follow its mandates. The order may instruct you not to communicate with the accuser through a third party, such as a friend or classmate.
Be Careful How You Communicate
Now that legal proceedings are involved and even a criminal investigation may be underway, it’s crucial that you strategically manage your communication. Don’t delete anything from your social media pages or phone. This could be valuable evidence that could clear your name. Do not make any type of public apology, as this could be considered an admission of guilt.
Consider all of your social media posts as public, even if you have your privacy settings on high. This information could potentially be discoverable, so look through the lens of how the information could appear to a judge or jury. Avoid making public comments about the case, the accuser, or anything regarding your legal representation.
Some accusers might try to trap or bait the accused, so don’t engage. They could be trying to have their friends or fake social media profiles to get you to make certain statements or admissions.
Confronting someone close to the accuser could be considered retaliation in some instances, which could further subject you to consequences.
Contact an Experienced Title IX Defense Lawyer for Help with Your Case
Educational programs that receive federal funding could lose this critical funding if they are found not to comply with Title IX. This can lead to students and faculty members being steamrolled during an investigation. Consequences could include suspension or expulsion, which can interfere with your ability to transfer schools, attend a graduate program, or receive employment. Even if you are ultimately exonerated, the damage to your reputation can be lifelong.
