Tallahassee Title IX Lawyer

Tallahassee Title IX Attorney

Title IX protections are necessary for maintaining safety and equity in our education system. Unfortunately, this does not prevent some individuals from leveling frivolous or unfounded accusations. In such cases, it is necessary to have an experienced and tenacious attorney on your side. At the Law Offices of Nellie L. King, our Tallahassee Title IX lawyer is prepared to defend you.

What Is Title IX?

Implemented in 1972, Title IX is a federal law designed to guarantee equal access and protections in federally funded educational institutions, which is why it’s vital to know what Title IX is and why it’s important in the context of student rights and institutional responsibilities. Title IX encompasses a broad number of situations but is commonly understood to apply in instances of:

• Educational opportunities: Title IX guarantees that all students have access to the same academic opportunities, regardless of gender.
• Protections for athletes: Under the protection of the law, both male and female athletes should have equal access to facilities and opportunities such as potential scholarships.
• Protections for employment: Workplaces at facilities covered by Title IX need to exhibit practices in hiring, promotion, and conduct that are in compliance with the law.
• Protection from sexual misconduct: Covered institutions must have policies in place that protect against sexual assault, sexual violence, stalking, or other kinds of sex-based discrimination at their facilities. Institutions must have procedures in place for addressing such instances.

Some Misconceptions About Title IX

There are often misconceptions about exactly what Title IX entails. While Title IX applies to all federally funded institutions, it has been most closely associated in Florida with universities. One such example is the recent false allegations directed at athletic staff at the University of Florida. It is important to know, however, that these incidents happen in many educational settings.

Among the many misconceptions, most involve the resources available to respective parties, the kind of proceedings that take place, and the standards of proof involved:

• An institution is obligated to give the accused notification of the Title IX complaint and access to all evidence regarding the incident. This means that if an accusation is directed at you, you will have access to all of the same resources as the complainant does when pressing their allegation.
• Title IX investigations are administrative actions rather than criminal proceedings. While certain circumstances, such as sexual assault and other activities, may lead to criminal prosecution, those handling a majority of Title IX accusations are school officials. It is often the case that school employees have little experience with investigation.
• As an administrative action, the factors that determine if a Title IX breach has occurred are different than in court. Rather than requiring evidence that shows “beyond a reasonable doubt” that a violation has taken place, schools rely instead on a “preponderance of evidence.” This means that one party’s version of events must be more convincing than the other’s.

At the Law Offices of Nellie L. King, our attorneys are tenacious in defense of our clients, with a proven record of success. We successfully exonerated an educator falsely accused of impropriety in Coconut Creek and have subsequently won several awards for our services to the West Palm Beach and greater Florida community. If you find yourself faced with a complaint, our Tallahassee Title IX lawyer may be able to help.

Common Defenses Against Title IX Accusations

Common approaches to defending against a Title IX complaint have been to challenge the evidence presented, the jurisdiction of the case, or the due process of the investigation.

The burden of proof lies on the complainant, and the evidence they present should be scrutinized fully. Video, photographic, and messaging records are common. Demonstrating these doesn’t amount to a “preponderance of evidence,” or presenting your own contradictory material can strengthen your defense.

Jurisdictional arguments rely on the fact that Title IX applies to educational institutions that receive Federal funding. It is sometimes the case that the alleged incident did not occur on the premises of a school or institution receiving such funding. In these instances, it can be argued that a Title IX investigation is inappropriate.

Because many of the people involved in a Title IX investigation are school employees, it is common for due process to be compromised, which can resemble situations where individuals are falsely accused of a crime in Florida and must fight to restore their reputation. Because of this, procedural errors often take place. Evidence may not be presented properly, cross-examinations may be ignored, or those involved may exhibit bias against the accused. In these instances, a Title IX allegation can be fought on such grounds.

FAQs

Q: Are Attorney’s Fees Available Under Title IX?

A: If a Title IX accusation goes to court, defendants may reasonably wonder if attorney’s fees are available in their cases. Florida adheres to what is known as the “American Rule,” which requires each party to be responsible for their own legal fees. However, a prevailing defense may be awarded their legal costs if it is found that the plaintiff’s claim was frivolous and without foundation.

Q: How Do You Beat a Title IX Case in Tallahassee?

A: There is no single answer to how to beat a Title IX accusation in Tallahassee. However, there are effective defense strategies. Focusing on the weaknesses of a plaintiff’s case is crucial. Having evidence to back up your arguments, such as security footage, social media communications, and photographs, amongst other evidence, can help against unfounded claims.

Q: How Serious Is a Title IX Investigation?

A: Title IX investigations are a serious matter and should not be taken lightly. A Title IX investigation may lead to disciplinary actions, probation, and expulsion, among other outcomes that underscore the serious Title IX violation penalties in Florida one might face. Depending on the circumstances of the case, such as with sexual assault, a Title IX accusation may lead to criminal prosecution as well.

Q: How Many Title IX Cases Are Successful?

A: The number of successful cases involving Title IX is subjective. While many cases open, they do not always reach full litigation. Some cases are dropped due to administrative decisions, while others are closed due to resolution agreements. In 2020, for example, 69% of cases were closed without an official investigation.

Contact Us

It is critical to have trained counsel by your side to fight against unfounded allegations. Our trained Tallahassee Title IX lawyer can guide you on how to respond to such complaints and provide a vigorous defense on your behalf. With a record of excellence throughout Florida, the attorneys at the Law Offices of Nellie L. King are here to help. Contact us today.