University Administrators
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Call 909.938.2289
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University and College Administrators and
Title IX Coordinators
(Student Discipline, Title IX Investigations, and Disciplinary Due Process Litigation)
THE BENEFITS OF UNIVERSITY DISCIPLINE ATTORNEYS TO UNIVERSITY ADMINISTRATORS AND TITLE IX COORDINATORS
The present Title IX landscape faced by universities and colleges can be tricky. The myriad of laws and directives, case law, and best practices related to Title IX are constantly evolving through legislation and court decisions. Whether a university is contending with an existing situation or the school is ready to get out ahead of a case, such as one involving campus sexual assault, university discipline and Title IX attorneys can be a significant asset. The same is also true for those colleges and universities facing a civil suit by a student for constitutional violations or similar claims related to the investigation or adjudication of violations of Title IX, student conduct codes, and academic dishonesty/plagiarism.
UNIVERSITY TITLE IX INVESTIGATION SERVICES:
One of the most important services offered by university discipline attorneys is their ability to serve as independent attorney Title IX investigators. Whether the university is seeking an attorney to handle all Title IX investigation work or needs to retain special outside counsel to avoid a conflict of interest or the potential appearance of bias, Title IX attorneys can serve a crucial role for the university. Given the nature of the relationship between the university and the attorney, including the lack thereof, an independent attorney investigator can instantly improve views on perceived impartiality (and sometimes actual). In addition, university discipline attorneys are well equipped to prepare detailed and professional investigation and adjudication reports that incorporate the most recent legal developments and are thoroughly supported by facts and evidence applied under the correct legal standard. Even more, alternative fee arrangements for performing the university's Title IX investigations can often cost the university less than the expense of employing its own full-time Title IX investigator.
Universities and colleges have been facing more and more lawsuits related to their investigation and prosecution of sexual harassment, sexual assault, and more generally, discrimination based on gender, race or otherwise. There has been a paradigm shift at many universities and colleges. In the past, universities and colleges were viewed as not doing enough to protect survivors of sexual assault as a consequence of their alleged failure to properly investigate, prosecute and punish claims of sexual assault.
In order to force universities and colleges to act, survivors began a concerted effort to file civil lawsuits against universities and colleges under Title IX. These lawsuits, as well as numerous high profile Title IX investigations by the U.S. Office of Civil Rights, were extremely successful in effecting institutional change, including greater Title IX resources, better self-policing and numerous other improvements.
However, many now argue that the pendulum has swung too far to the other side with universities and colleges now predisposed and/or intent to find the accused guilty. Universities and colleges now face lawsuits by dissatisfied male students investigated and prosecuted by university staff. Their claims usually go like this: "the investigators and those responsible for determining guilt and punishment work for the university and so they are beholden to the university. Universities are intent on appearing tough on sexual violence and want to avoid Title IX investigations by the Office of Civil Rights and, therefore, its employees are strongly motivated to find students accused of sexual assault guilty.
Successes with these types of claims have, most recently, led to a proliferation of similar challenges in the civil courts involving more and more basic violations. Because of the significant impact that even minor violations can have on future job prospects or admissions to graduate school, there remains a strong incentive to file such civil claims. Further leading to the proliferation of civil suits against universities and colleges are a series of recent court decisions expanding the procedural rights of students subject to university discipline systems such as the investigation and adjudication of conduct code violations, academic dishonesty/plagiarism and Title IX. .
The same is true on the other side; if a student, or especially a faculty or staff member, is found "not guilty," the university or college is accused of orchestrating a "cover-up." Universities and colleges can’t win under this model of university-led investigation and adjudication and they will continue to face civil suits from both sides unless something changes. The dilemma is as obvious as it is old. Universities and colleges utilizing their own employees to perform investigations and determinations of guilt have not created any cognizable barrier between the school and the investigation or adjudication of guilt. The university or college is viewed as the sole entity performing the Title IX investigation and determining a student’s guilt or innocence. In a sense, they are viewed as the prosecutor, judge, jury, and "Executioner" (at least as far as some students' academic careers go). Any internal procedures or protections to avoid university influence essentially mean nothing to the students involved. To them, the university's employees are the university.
This perception strongly discourages student satisfaction with the investigation and adjudication processes. Studies routinely show that the strongest factor influencing whether the victim and the accused are satisfied with adjudicatory processes and outcomes is the extent to which they feel as though they were heard and their position considered throughout the process. Students are obviously much more likely to feel as though they were heard, and their version of events at least considered, if there is a degree of separation between the investigator/adjudicator and the university. Otherwise, it appears to these students that the interests of the university, to whom they are quick to ascribe ulterior motives, are paramount to those of the students'.
In contrast, an outside professional unaffiliated with the university or college should significantly improve student satisfaction with Title IX or other high profile student discipline investigations and adjudications for both the accused and the victim. Thus, not surprisingly, this increased rate of satisfaction and acceptance reduces the occurrence of costly civil litigation and related consequences, such as negative press, campus unrest, and increased outside scrutiny. Moreover, the involvement of a knowledgeable university Title IX attorney from inception to the conclusion of a case also increases the university or college's likelihood of prevailing on the merits of any such civil suit.
ADDITIONAL BENEFITS OFFERED BY AN INDEPENDENT ATTORNEY TITLE IX INVESTIGATOR:
ADDITIONAL LEGAL SERVICES RELATED TO UNIVERSITY AND COLLEGE TITLE IX INVESTIGATIONS AND STUDENT DISCIPLINE:
The present Title IX landscape faced by universities and colleges can be tricky. The myriad of laws and directives, case law, and best practices related to Title IX are constantly evolving through legislation and court decisions. Whether a university is contending with an existing situation or the school is ready to get out ahead of a case, such as one involving campus sexual assault, university discipline and Title IX attorneys can be a significant asset. The same is also true for those colleges and universities facing a civil suit by a student for constitutional violations or similar claims related to the investigation or adjudication of violations of Title IX, student conduct codes, and academic dishonesty/plagiarism.
UNIVERSITY TITLE IX INVESTIGATION SERVICES:
One of the most important services offered by university discipline attorneys is their ability to serve as independent attorney Title IX investigators. Whether the university is seeking an attorney to handle all Title IX investigation work or needs to retain special outside counsel to avoid a conflict of interest or the potential appearance of bias, Title IX attorneys can serve a crucial role for the university. Given the nature of the relationship between the university and the attorney, including the lack thereof, an independent attorney investigator can instantly improve views on perceived impartiality (and sometimes actual). In addition, university discipline attorneys are well equipped to prepare detailed and professional investigation and adjudication reports that incorporate the most recent legal developments and are thoroughly supported by facts and evidence applied under the correct legal standard. Even more, alternative fee arrangements for performing the university's Title IX investigations can often cost the university less than the expense of employing its own full-time Title IX investigator.
Universities and colleges have been facing more and more lawsuits related to their investigation and prosecution of sexual harassment, sexual assault, and more generally, discrimination based on gender, race or otherwise. There has been a paradigm shift at many universities and colleges. In the past, universities and colleges were viewed as not doing enough to protect survivors of sexual assault as a consequence of their alleged failure to properly investigate, prosecute and punish claims of sexual assault.
In order to force universities and colleges to act, survivors began a concerted effort to file civil lawsuits against universities and colleges under Title IX. These lawsuits, as well as numerous high profile Title IX investigations by the U.S. Office of Civil Rights, were extremely successful in effecting institutional change, including greater Title IX resources, better self-policing and numerous other improvements.
However, many now argue that the pendulum has swung too far to the other side with universities and colleges now predisposed and/or intent to find the accused guilty. Universities and colleges now face lawsuits by dissatisfied male students investigated and prosecuted by university staff. Their claims usually go like this: "the investigators and those responsible for determining guilt and punishment work for the university and so they are beholden to the university. Universities are intent on appearing tough on sexual violence and want to avoid Title IX investigations by the Office of Civil Rights and, therefore, its employees are strongly motivated to find students accused of sexual assault guilty.
Successes with these types of claims have, most recently, led to a proliferation of similar challenges in the civil courts involving more and more basic violations. Because of the significant impact that even minor violations can have on future job prospects or admissions to graduate school, there remains a strong incentive to file such civil claims. Further leading to the proliferation of civil suits against universities and colleges are a series of recent court decisions expanding the procedural rights of students subject to university discipline systems such as the investigation and adjudication of conduct code violations, academic dishonesty/plagiarism and Title IX. .
The same is true on the other side; if a student, or especially a faculty or staff member, is found "not guilty," the university or college is accused of orchestrating a "cover-up." Universities and colleges can’t win under this model of university-led investigation and adjudication and they will continue to face civil suits from both sides unless something changes. The dilemma is as obvious as it is old. Universities and colleges utilizing their own employees to perform investigations and determinations of guilt have not created any cognizable barrier between the school and the investigation or adjudication of guilt. The university or college is viewed as the sole entity performing the Title IX investigation and determining a student’s guilt or innocence. In a sense, they are viewed as the prosecutor, judge, jury, and "Executioner" (at least as far as some students' academic careers go). Any internal procedures or protections to avoid university influence essentially mean nothing to the students involved. To them, the university's employees are the university.
This perception strongly discourages student satisfaction with the investigation and adjudication processes. Studies routinely show that the strongest factor influencing whether the victim and the accused are satisfied with adjudicatory processes and outcomes is the extent to which they feel as though they were heard and their position considered throughout the process. Students are obviously much more likely to feel as though they were heard, and their version of events at least considered, if there is a degree of separation between the investigator/adjudicator and the university. Otherwise, it appears to these students that the interests of the university, to whom they are quick to ascribe ulterior motives, are paramount to those of the students'.
In contrast, an outside professional unaffiliated with the university or college should significantly improve student satisfaction with Title IX or other high profile student discipline investigations and adjudications for both the accused and the victim. Thus, not surprisingly, this increased rate of satisfaction and acceptance reduces the occurrence of costly civil litigation and related consequences, such as negative press, campus unrest, and increased outside scrutiny. Moreover, the involvement of a knowledgeable university Title IX attorney from inception to the conclusion of a case also increases the university or college's likelihood of prevailing on the merits of any such civil suit.
ADDITIONAL BENEFITS OFFERED BY AN INDEPENDENT ATTORNEY TITLE IX INVESTIGATOR:
- The independent investigator is viewed as a neutral party, unrelated to the university, the accused, or the victim and, therefore, not beholden to anyone;
- Both victims and the accused are more satisfied with the results because they view the process as being fair and feel that they were heard and considered;
- Victims and accused are often more comfortable discussing sensitive matters with someone not related to the university;
- The cost of using an independent attorney investigator for Title IX investigations can cost less than the university's cost of staffing a full-time Title IX investigator;
- Forming strategic partnerships with an attorney serving as an independent Title IX investigator can further reduce costs for universities and colleges by reducing their risk of liability through the sharing of legal updates and recently developed best practices;
- Can reduce the number of civil lawsuits against the university or college because students are more satisfied with the process;
- Can reduce risk of liability in the event lawsuit is filed because attempts to tie outcomes to university influence are disrupted by the independence of the attorney investigator. Similarly, an attorney investigator will generally be able to better articulate the basis for determining a student to be guilty or innocent and why there was or was not sufficient evidence under the relevant standard of proof;
- Can reduce the chances of a Title IX investigation by the Office of Civil Rights and, in the event the university is investigated for Title IX violations, the independent attorney investigator is well suited to respond;
- Attorneys can monitor and analyze changes in the law and developments in best practices, as well as assist the university or college to implement them;
- Attorneys are generally well suited to gather and analyze evidence, interview witnesses, and make recommendations on guilt or innocence under the appropriate legal standards;
- Attorneys are generally well suited to prepare detailed reports with consideration for how they will be perceived in potential future litigation or Title IX investigations by the Office of Civil Rights;
- Use of independent attorney investigator allows university staff to focus on awareness and prevention; and
- Use of independent attorney investigator reduces opportunity and appearance of decisions being improperly influenced in either direction by small but powerful factions within the university.
ADDITIONAL LEGAL SERVICES RELATED TO UNIVERSITY AND COLLEGE TITLE IX INVESTIGATIONS AND STUDENT DISCIPLINE:
- Defend Universities and Colleges facing civil litigation from student challenging the university or college's determination that the student violated Title IX, student conduct code, or academic integrity policies (academic dishonesty); and
- Defend Universities and Colleges facing civil litigation related to their handling of Title IX and Student Conduct Code violations by the victim/complainant.
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