<![CDATA[Education law attorney - Conaway & Strickler]]> https://www.conawayandstrickler.com/blog/tags/education-law-attorney/ Tue, 25 Feb 2025 15:31:37 GMT en-us <![CDATA[Potential Consequences of a Title IX Allegation]]> https://www.conawayandstrickler.com/blog/potential-consequences-of-a-title-ix-allegation/ https://www.conawayandstrickler.com/blog/potential-consequences-of-a-title-ix-allegation/ Mon, 12 Aug 2024 17:12:19 GMT Once a person receives notice that a Title IX allegation has been made against them in Georgia, a school will generally proceed and attempt to resolve the case within 120 days. The Title IX process moves quickly relative to the criminal justice system; however, the implications and lasting consequences of an allegation can be significant,…

]]> Once a person receives notice that a Title IX allegation has been made against them in Georgia, a school will generally proceed and attempt to resolve the case within 120 days. The Title IX process moves quickly relative to the criminal justice system; however, the implications and lasting consequences of an allegation can be significant, making it imperative to have a skilled attorney assisting at all stages.

After an allegation has been made, there are a limited number of ways that the Title IX investigation can resolve:

  1. Complaint Dismissal: In narrow circumstances, an institution is permitted, but not required, to dismiss complaints. See Board of Regents Policy 6.7.4(f).
  2. Informal Resolution: Except in situations where a sexual misconduct complaint is made by a student against an employee, the parties can agree to resolve the matter outside of the formal hearing process. An informal resolution agreement may include terms such as agreeing to provide a written apology, undertake community service and/or counselling, or a leave of absence from the school. An experienced attorney can help you advocate in these negotiations.
  3. Formal Hearing: If the complaint is not dismissed and an informal resolution is not reached, the investigation is ultimately referred for formal hearing before a panel. The results of formal hearing will often be the most significant – regardless of the outcome, the result of a hearing will be reflected on a student’s official records. Specifically, being formally found responsible for a Title IX violation not only carries the likely punishments of suspension or expulsion, but also the collateral consequence of a permanent mark on your school transcript.

Regardless of the resolution, there can be lasting consequences of a Title IX allegation. Even if resolved informally, certain schools or professional licensing boards may require the disclosure of any past Title IX allegations. As mentioned, a formal finding is reflected on your school transcript and could affect your future employment and education. For non-citizens, certain Title IX allegations could also impact an individual’s ability to lawfully re-enter the United States.

Most importantly, Title IX allegations often overlap with conduct that could also be considered a crime. For instance, a Title IX allegation of nonconsensual sexual conduct could also be criminally prosecuted under O.C.G.A. § 16-6-1, which carries a penalty of twenty-five years to life. When facing allegations of this severity, it is important to know that any statements or information you provide will be recorded and can be used against you – not just in the Title IX context, but also in a court of law. Having an advisor to assist throughout each step of the Title IX process is crucial to minimizing exposure to any criminal liability related to the allegations.

At Conaway & Strickler, we are experienced in helping students navigate the Title IX process and minimizing the consequences that these serious allegations may carry. Contact us today to discuss how we can assist you.

]]> <![CDATA[TITLE IX: Accused of sexual misconduct, harassment, or rape at a university?]]> https://www.conawayandstrickler.com/blog/title-ix-accused-of-sexual-misconduct-harassment-or-rape-at-a-university/ https://www.conawayandstrickler.com/blog/title-ix-accused-of-sexual-misconduct-harassment-or-rape-at-a-university/ Sat, 10 Aug 2024 21:43:22 GMT The investigation and hearing process for those accused of Title IX complaints can be a harrowing process. It is important to know that you may not only be facing a reprimand, suspension or expulsion (and a permanent notation on your academic record) but you also could be facing criminal charges. It is also important to…

]]> The investigation and hearing process for those accused of Title IX complaints can be a harrowing process. It is important to know that you may not only be facing a reprimand, suspension or expulsion (and a permanent notation on your academic record) but you also could be facing criminal charges. It is also important to note that additional final regulations of Title IX became effective August 1, 2024. These changes modified key aspects of Title IX including the role of the advisor. It is therefore very important to fully understand Title IX procedures and securing the right advisor is critical to protecting yourself now and in the future.

Here are some basic terms of the process:

Complainant: the individual(s) making the allegation

Respondent: the individual(s) against whom the allegation is made who is responding to the allegation

Witness: an individual who has direct knowledge of or information about the allegation being made

Investigator: the individual charged with gathering information, including statements of the complainant, the respondent and witnesses, documents, texts, photos, pictures, images, and recordings, analyzing the information gathered, and determining by a preponderance of the evidence what happened.

Advisor: This is where we come in, we will be your formal advisor on the entire process.

Preponderance: the standard against which information and evidence gathered during the investigation is assessed. The preponderance of evidence standard means “more likely than not.”

The hearings and investigative process is nothing like the criminal justice system. The standard of proof is much lower and court evidence rules are not utilized. The process also moves really quickly. So, contact a knowledgeable education law attorney at Conaway & Strickler, PC to represent you in these proceedings.

Here is a short overview of the process:

  • A complaint is filed alleging misconduct or some sort of violation on your part.
  • The complaint is reviewed. You may be contacted for an informal discussion, especially if the allegation is a mild infraction, and in some cases, the issue may be resolved here.
  • An investigation is conducted.This may be a Dean, a Conduct Officer, an Honor Council, an Academic Progress Committee, an investigator etc.
  • An investigative final report is prepared. Statements and other supporting documents are collected/reviewed.
  • Formal hearing is scheduled. Each side can “testify'” along with any witnesses.
  • The disciplinary panel will make a determination and recommendation of punishment.
  • The student will be notified in writing of the punishment.
  • The student will have a window of time to appeal, if applicable.
  • There may be a separate appeals hearing, after which the decision will be final.

Conaway & Strickler will help students navigating the Title IX process in all undergraduate and graduate arenas nationwide. Contact us now to discuss in more detail.

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