Title IX Defense Attorneys
Boston MA
Criminal defense attorneys in Boston MA with deep knowledge and understanding of college disciplinary violations and title IX defense in Massachusetts. College disciplinary actions vary greatly from school to school. Hire experienced Title IX defense attorneys in Boston MA to expertly navigate complex legal matters of college discipline.
On this page:
- What you should know about college disciplinary violations and title IX charges in Massachusetts.
- What are Potential Consequences of Student Misconduct Charges
- What is Title IX
- How To Win A Title IX Case: Defending Against Title IX Charges in Massachusetts.
- Key Elements of a Title IX Case
- Defending Against Title IX Charges
- Why do you need an attorney for college disciplinary violations and title IX hearings
- Leon & Davis: Title IX and College Discipline Attorneys in Boston, MA
- Examples of successful College Discipline and Title IX defense cases
- Conclusion: How To Navigate College Discipline and Title IX Charges
Title IX and College Discipline Defense Attorneys in Boston MA
What you should know about college disciplinary violations and title IX charges in Massachusetts.
As allegations of academic misconduct or criminal behavior by students and student-athletes have made national headlines in recent years, schools have become increasingly aggressive in protecting their reputation by issuing heavy penalties for disciplinary violations and students facing criminal charges. Student Codes of Conduct at colleges and universities are used to regulate the behavior of students both on and off campus. They often establish harsh punishments and administrative sanctions for plagiarism and other academic offenses as well as criminal conduct such as sexual assault, drug use, and violence.
What are Potential Consequences of Student Misconduct Charges?
College disciplinary violations and allegations of misconduct can lead to your suspension or expulsion from school, loss of financial aid or course credit, and exclusion from athletic teams or extracurricular activities. These violations can also harm your ability to obtain employment, attend graduate school, or obtain a professional license. Graduate and professional schools, state bar associations, government agencies, and independent agencies may request a clearance to review your conduct history while attending college or university. If you are attending school on a student visa and find yourself facing charges or a criminal investigation, it could have a significant impact on your ability to remain in the United States and continue your studies. Even a low-level misdemeanor offense could lead to your student visa being revoked which will result in your removal from the United States and denial of reentry. Simply put, these violations can derail a promising future very quickly.
What is Title IX?
Title IX is a federal law that prohibits sex-based discrimination, sexual harassment, and sexual assault in schools that receive funding from the federal government. The school must comply with the requirements of Title IX when a student is accused of sexual assault or harassment on campus. Representatives of the school will conduct an investigation of the allegations, and if you are found responsible for a Title IX violation, then you will likely be facing severe punishment. These penalties often involve a lengthy suspension or expulsion from school and may even include the withholding of your degree if you are graduating. The notation of the penalty will appear on your transcript and will not be expunged which will cripple your ability to further your education or be considered for future employment opportunities.
How To Win A Title IX Case: Defending Against Title IX Charges in Massachusetts.
When facing Title IX charges in Massachusetts, it’s crucial to understand the process and your rights. Title IX investigations and hearings can be complex, and it’s often advisable to have legal representation.
- Title IX Investigations: The school’s Title IX office will conduct an investigation into the allegations. This involves gathering evidence, interviewing witnesses, and potentially interviewing the accused student.
- Title IX Hearings: If the investigation finds merit in the allegations, a hearing may be held. This hearing is typically conducted by a panel of faculty or administrators. The accused student has the right to present their side of the story, cross-examine witnesses, and potentially call their own witnesses.
Key Elements of a Title IX Case
To prove a Title IX violation, the plaintiff must generally demonstrate the following:
- Federal Funding: The educational institution must receive federal funds to be subject to Title IX.
- Sex-Based Discrimination or Harassment: The plaintiff must show that they were subjected to discrimination or harassment based on their sex. This can include sexual harassment, sexual assault, or other forms of gender-based discrimination.
- Hostile Environment: The harassment or discrimination must have been severe or pervasive enough to create a hostile environment. This means that it must have interfered with the plaintiff’s education or participation in school activities.
Defending Against Title IX Charges
When defending against Title IX charges, it’s essential to have a strong defense strategy. Here are some key considerations:
- Gather Evidence: Collect any evidence that supports your innocence or challenges the credibility of the allegations. This may include witness statements, text messages, emails, or other documentation.
- Challenge Credibility: If possible, challenge the credibility of the accuser or their witnesses. Look for inconsistencies in their statements or evidence that undermines their claims.
- Present a Defense: Develop a defense that counters the allegations. This may involve arguing that the incident did not occur, that it was not based on sex, or that it did not create a hostile environment.
- Seek Legal Counsel: Given the complexities of Title IX cases, it’s highly recommended to consult with an experienced attorney. A defense attorney can help you understand your rights, develop a strong defense strategy, and represent you in the investigation and hearing process.
Why do you need an attorney for college disciplinary violations and title IX hearings in Massachusetts?
Students accused of misconduct or criminal behavior are frequently required to submit to a hearing before a disciplinary panel or finder of fact. College discipline and Title IX hearings are not conducted using the traditional rules of evidence and proof beyond a reasonable doubt standard that are used in a criminal case. Schools frequently ignore constitutional rights such as the presumption of innocence and disciplinary rulings are based on a lower burden of proof than is required for a guilty verdict at a criminal trial. You will often need to prove your innocence by undermining and discrediting the allegations against you.
If you are a student facing allegations of misconduct at school, you may be worried about your future and uncertain as to whether you’ll be able to continue with your education. You have likely invested a significant amount of money and most of your life to get to this point. Given the high stakes, you must hire an experienced defense attorney to represent you during the investigation and disciplinary hearing as they will give you the best chance of success. Accused students are usually permitted to have an attorney present at their disciplinary proceedings in order to protect their rights and present their defense.
Leon & Davis: Title IX and College Discipline Attorneys in Boston, MA
The attorneys at Leon & Davis have the skills and experience necessary to handle these sensitive matters and achieve the best possible outcome for you. We have decades of combined experience and a proven record of success defending clients accused of fraud, sexual assault, drug crimes, and violent crimes. While the particular procedures in college disciplinary matters can vary drastically from school to school, we have a comprehensive understanding of how these investigations and hearings are conducted.
We will thoroughly investigate the allegations and obtain evidence to help you present the most effective defense. We will attempt to resolve the issue as quickly as possible so you can resume your studies because we understand the stress you are under and how it can distract from your coursework and disrupt your life. If your college has already determined that you engaged in misconduct, we will do everything possible to mitigate any punishment, administrative sanctions, or negative consequences you may face. We will also work to prevent criminal charges from being filed against you as a result of the incident. Call us today so we can help protect your education and your future.
The attorneys at Leon & Davis have successfully represented medical students and undergraduates facing criminal charges and university disciplinary proceedings in under the college discipline and Title IX laws in Boston, MA and across the state.
Examples of Successful Title IX Case Defense
April 2017
Client was charged with Aggravated Rape when a woman he met on a dating app accused him of sexually assaulting her. They were both students who went out on a date and returned to his room to watch a movie. The alleged victim immediately called police after leaving his room and reported that she had been raped. Attorney Leon investigated the case and obtained court orders for surveillance video from the area, records from the dating app website and Lyft driving app, and the alleged victim’s text messages with client. The evidence showed that client and the alleged victim had went out drinking and had been using cocaine that night. Surveillance video from a local convenience store showed that the alleged victim left client’s room at one point and purchased additional alcohol and condoms before returning to his room. Attorney Leon provided the results of his investigation to the prosecutor who then filed a motion to dismiss the case. The case was dismissed two months after client’s arraignment.
April 2015
Client, a medical student, was returning home on the MBTA after a night of drinking when he was charged with Open and Gross Lewdness and Assault and Battery on a Public Employee after he was accused of assaulting a woman who was working for the MBTA and exposing himself to her at the top of one of the escalators as he fled. Client was arrested by police and identified by the woman. Client was facing expulsion from school and cancellation of his student visa if the case was not dismissed or won at trial. Attorney Leon obtained video from the MBTA which showed that client did not punch her in the shoulder as she claimed and that he simply bumped into her as he was walking by. The video from the escalator showed that client had turned around at the top but it was inconclusive as to what, if any, action he took. Attorney Leon was then able to get all charges dismissed. As a result of the dismissal, client’s university did not seek to have him undergo a disciplinary proceeding and both his criminal record and student conduct record remained clean.
October 2011
Client, a college student, was charged with Assault and Battery on a Police Officer, Threats, and Disorderly Conduct. Attorney Leon persuaded the prosecutor to offer the client a 6-month term of pretrial probation with the condition that he write a letter of apology. As a result, the case was dismissed without any admission of wrongdoing by the client.
Conclusion: How To Navigate College Discipline and Title IX Charges
Facing allegations of misconduct or criminal charges can be a daunting experience for students. Understanding the complexities of college disciplinary proceedings and Title IX investigations is essential for protecting your rights and future.
Key Takeaways:
- Serious Consequences: College disciplinary violations can have severe consequences, including suspension, expulsion, and damage to your academic and professional prospects.
- Title IX Implications: Accusations of sexual harassment or assault can lead to Title IX investigations and potential disciplinary actions.
- Legal Representation: Hiring an experienced attorney is crucial for navigating college discipline and Title IX cases. A skilled attorney can provide guidance, protect your rights, and develop a strong defense strategy.
- Understanding the Process: Familiarize yourself with the procedures involved in college disciplinary hearings and Title IX investigations. This includes understanding the evidence required, the potential defenses, and the potential outcomes.
- Proactive Approach: If you find yourself facing allegations, take immediate steps to gather evidence, consult with an attorney, and prepare for a potential hearing.
By understanding the challenges and taking proactive steps, you can increase your chances of a positive outcome and protect your academic and professional future.