Know Your Rights Under Title IX And Sex/Race Discrimination Laws
Under Title IX of the Education Amendments of 1972: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” Title IX requires schools to provide policies and procedures for reporting and investigating illegal gender-based discrimination, harassment and assault. Additionally, these institutions are required to have policies and procedures in place to ensure prevention of retaliation against victims and complainants. These investigations, policies and procedures can be complex and difficult to navigate without the assistance of an attorney with experience in Title IX claims. NachtLaw, P.C., represents victims, complainants and respondents through this process to ensure that their best interests are represented and protected throughout the proceedings.
Who We Represent
Our team of experienced Title IX lawyers represents students, professors, faculty, staff members, coaches, players or anyone who is in an educational institution setting. Attorney David Nacht is an experienced college and university student sexual assault lawyer that has been working on Title IX cases since 1994 and understands the culture of higher education administration.
Navigating The Title IX Process
University investigations under Title IX have changed in the past few years in response to pressure from the U.S. Department of Education. In August 2020, new Title IX Federal Regulations were issued and have led to changes in Title IX investigations and processes across the country. If you have been accused, you need help. Do not interview or take any steps without speaking to us. You need a guide to work with you and explain how the Investigation will go and how the Investigator thinks. You need a guide who will protect your rights and ensure you are receiving the protections afforded to you under the Federal Regulations. Title IX can be a complex area of the education law to navigate without the assistance of counsel. NachtLaw‘s experienced Title IX attorneys will guide you through the internal investigation process that colleges and universities use. It is an enormous mistake to sit through an interview without being accompanied by counsel. Seemingly innocent statements and admissions by you, or denial by you of facts that the university can prove, can result in a university official finding you “responsible” for an act that you did not commit.
Frequently Asked Questions
I did not do anything wrong, why should I hire an attorney?
Even if you did absolutely nothing wrong, you need an advisor to be with you at every stage of the process to ensure that you put your best foot forward and that your rights are protected. When you are under investigation, your inclination is to be forthcoming and provide as much information as possible to defend yourself. Our team works with you to ensure that the information you provide is helpful and truthful. Not all information is relevant and you could end up providing evidence that works against you. Do not go through the process alone, your reputation and career are at stake. Innocent people are found “responsible” way too often.
What can I expect in a Title IX or discrimination process?
If you have been accused of violating Title IX, you are likely wondering what to expect in the process. Each University handles their investigations differently however; you can generally expect to be:
- Called for an interview (where you can have an advisor or lawyer present),
- Asked to provide witnesses or evidence,
- Receive a copy of an evidence file or investigation report that you can review and provide comments to,
- Potentially be asked to participate in a hearing, where you will be asked questions about the incident by a Hearing Officer or Hearing Panel.
What happens if I don’t receive an interview, file or hearing? What if I have not been advised of the process or what I am accused of?
If you are not interviewed, do not receive a file, or you are not given an opportunity for a hearing, your rights might be violated under the Department of Education Title IX Federal Regulations. Our team can assess whether the University investigation is following the regulations, whether you are receiving proper procedure and process, and can defend your rights. There may be other procedures that the University or Title IX office fails to follow that our team will work to identify to protect your rights.
Do I need to hire a lawyer for my Title IX or discrimination investigation?
In University processes, such as Title IX, you can have an advisor that is not a lawyer. Emily Young is a non-lawyer advisor for Title IX investigations for clients facing allegations of harassment and/or discrimination. She has worked on over fifty cases with David Nacht. Emily Young and David Nacht have achieved significant positive results for clients, including countless decisions finding clients not responsible. Ms. Young and David have also achieved positive results for clients found responsible, including results where clients have retained their job positions or their status as a student, respectively. Ms. Young has successfully represented multiple clients in Title IX hearings and she has succeeded in defending the accused when the accuser appeals the determination. Ms. Young will give you the benefit of having an experienced advisor and someone by your side every step of the process, at a cost-effective rate.
What is the advantage of hiring a lawyer or Title IX Advisor for a Title IX or discrimination investigation?
If you hire our team to help you with your Title IX issue, our primary and only concern is protecting your interests. University appointed advisors, friends, and trusted colleagues cannot protect your interests in the same way our team can. You can count on us to protect you, your academic career, and professional career. You can count on us to defend and advise you of any potential criminal implications. Our team has worked with Title IX offices across the country and closely with Title IX offices across the State of Michigan. We know what it takes to succeed in an investigation and our team can give you a distinct advantage.
How can you help me in a Title IX or discrimination investigation?
Our team can help you at any stage. As an education, employment and criminal law firm, we can handle any problem that may come your way.
We can help:
- Prepare you for an interview
- Collect evidence and witnesses
- Assist you in drafting responses to evidence files, investigation reports, and drafting responses to question
- Prepare you for a hearing
- Ask questions on your behalf at a hearing
- Assist you in crafting an opening and closing statement for a hearing
- Assist you in an appeal of a determination if it does not go your way
- Assist you in defending a determination if the Complainant appeals
- If merited, communicate with the General Counsel’s Office and advocate on your behalf
- Advise you regarding implications for your academic or professional career
- Advise you of potential criminal implications
Is it ever too late to hire a lawyer or advisor for my Title IX or discrimination investigation?
While it is true that you will benefit from hiring our team early in the Title IX process and we strongly encourage that you do so, you can reach out to our team at any point. In many cases, even if you are determined responsible for the alleged conduct, we might be able to help you appeal the decision and advise you on your next steps. No matter what stage you are at, we will try to work on your behalf and help you move forward and succeed.
Why should I choose NachtLaw, P.C. for my Title IX or discrimination investigation?
Our team has handled hundreds of Title IX and discrimination cases and has been at the forefront of developing law to expand protections for accused students, staff and faculty. Our success, expertise, and track record is impressive. We are recognized nationally and are frontrunners in the State of Michigan for defending the accused. With regard to protecting faculty rights, many would say we are one of the premier firms in the country.
Your Title IX Rights
The federal statutes and the fast-changing regulations that make up Title IX can be extremely confusing. This can make knowing your rights and how to protect them overwhelming. Our experienced Title IX attorneys can provide assistance in evaluating your claim, navigating the program or institution’s Title IX policies, filing a complaint with the institution, filing a complaint with the Office for Civil Rights and filing a civil lawsuit. If you have concerns about a Title IX investigation, please contact us by calling 866-965-2488. We regularly represent clients in Michigan and Ohio.