The History of Title 9 Testing for College Issues
Title IX of US Department of Education Amendments of 1972 is a federal civil rights law in the United States of America. It prohibits sex-based discrimination in any school or any other educational program that receives federal money.
Title IX, which applies to all federally funded educational institutions, prohibits sexual discrimination, harassment and assault, domestic violence and stalking. Every institution experiences Title IX violations, but it’s the response and resolution that says the most about the school’s culture and leaders. Title 9 Step by Step.
It comes into play when students are sexually harassed or become a victim of sexual violence. Because this interferes with the students’ right to receive an education free from discrimination, and also because sexual violence is a crime.
Title 9 Investigations
Most schools and universities have a process for investigating a Title IX allegation. Here is a good example, where a public Texas university outlines the process in detail. The school can be held responsible in court whether the harassment is committed by a faculty member, staff, or a student. To be held responsible, the college or university must have authority over the harasser and over the environment in which the harassment takes place.
Example Texas Title 9 Cases
- Baylor May Face Legal Fallout from Rape Case | The Texas Tribune
- New Title IX Rules Regarding Rape Assailed by Alleged Victim | Bloomberg Law
Using Polygraph in a Title IX Case
When allegations of sexual assault or sexual misconduct are reported to a college or university, it begins an investigation under Title IX. Generally investigations begin with the university notifying the subject of the of the allegations and are called in for an interview.
Title IX investigations are unlike criminal investigations in that they allow more types of evidence to be used. This can be particularly useful when there is no other physical proof.
Your lawyer, similar to a criminal lawyer, can schedule your polygraph examination (lie detector test) confidentially. Positive results can be submitted over to the Title IX investigator. While such a report might not be admissible in a traditional criminal court, no such evidentiary rules apply in a Title IX investigation. Furthermore, the process can also fall under the concept of Attorney Client Privilege.
If you are under investigation by a college or university for sexual assault or sexual misconduct, you should contact an attorney who is experienced in handling Title IX matters immediately. We are willing to administer a test, to verify and confirm your truthful statement against false allegations.
Recommended Attorneys for Title 9 Cases
Austin – Brian Roark, Botsford & Roark is an Austin law firm that focuses on complex federal and state criminal matters. The firm ranks among the most elite criminal defense offices in the state of Texas. A substantial portion of the firm’s practice involves white collar crime, sexual assault cases, Title IX violations, assault aggravated assault, DWI, and drug cases. The firm also handles various fraud issues, income tax evasion, antitrust, RICO, and all other criminal law matters. The firm represents students accused of sexual misconduct in Title IX expulsion hearings, and has particular familiarity with the University of Texas at Austin.
San Antonio – Ben Sifuentes, Ben M. Sifuentes, Jr., P.C. law firm is based in San Antonio, and is dedicated to defending public employees throughout South Texas who have been falsely accused of criminal activity. He can also handle any employment issues that arise from these or other situations. My past clients have included members of law enforcement (police officers, sheriffs, deputies, school officers, border patrols), nurses (at county hospitals and university health systems) and teachers in public school districts.
El Paso – Brock Benjamin, Founding attorney Brock Benjamin is a former prosecutor and board certified in Criminal Law by the Texas Board of Legal Specialization. Of the more than 100,000 attorneys practicing in Texas, only 7,300 have been certified — Brock is one of only six in El Paso County. This distinction is a testament to his dedication to excellence in criminal defense and a reflection of the firm’s values. We are well-versed in a wide range of state and federal criminal statutes and the rules of procedure in multiple jurisdictions throughout the state. Over our many years of practice, we have forged working relationships with members of law enforcement and prosecutors who see us as honest brokers.