Oakland Title IX Lawyer
Many people only think of Title IX as providing equal opportunity in collegiate sports. However, the law broadly prohibits gender discrimination in academia and addresses a wide range of gender-based issues, including sexual harassment and assault. Violations of Title IX can lead to serious repercussions both personally and professionally.
If you are charged with such transgressions, you should consider speaking with an Oakland Title IX lawyer as soon as possible. A skilled defense attorney could review your situation and help you build a strong defense against these charges.
Sex-Based Discrimination Charges
The regulations that implement Title IX define sexual harassment under 34 Code of Federal Regulations § 106.30. According to this section, sexual harassment includes unwanted conduct, attention, and advances that are severe and pervasive, as well as a variety of sexual offenses.
Academic Violations
Once an individual files a Title IX complaint in California, the school has an obligation under 34 CFR §§ 106.44 and 106.45 to take steps to address the situation. They must commit resources to investigate the allegations, initiate a grievance procedure, hold in-person hearings (in higher education settings), and, where appropriate, impose disciplinary measures.
Oakland students and staff members who breach Title IX face reprimands, suspension, expulsion, dismissal, and tarnished academic or work records. If the conduct in question is criminal, police involvement and criminal charges are possible.
Criminal Charges
Once the authorities begin to investigate, the full weight of the criminal justice system is triggered. Title IX infractions may translate into federal or state sex crime indictments. Some common offenses emanating from Title IX investigations include:
- Attempted Rape defined under California Penal Code § 664/261 and 18 USC § 1349/2241
- Rape defined under Cal. Penal Code §261
- False Imprisonment under Cal. Penal Code §236
- Sexual assault defined under Penal Code 243.4
- Aggravated Sexual Abuse or Sexual Abuse under 18 USC § 2241 and 2242
- Stalking defined under Penal Code § 646.9 and 18 USC § 2261A
These charges place the accused in jeopardy of spending long periods of incarceration and owing hefty fines. So, whether facing academic administrative proceedings, criminal allegations, or both, it is wise for people accused of violating Title IX laws to seek the guidance of an Oakland attorney trained in these matters.
The Benefits of Consulting an Oakland Lawyer
The grievance proceedings required by Title IX differ in many ways from the process and protections afforded defendants in a criminal case. The most significant distinction is that the level of proof needed to find culpability is much lower in Title IX matters. Lawyers in Oakland who frequently serve as advisors in Title IX situations understand the gravity of the potential penalties and can aid in the following areas:
- Educate the accused about the law, process, and potential long-term ramifications
- Conduct a thorough investigation of the facts
- Assist individuals when drafting written responses to allegations and any inquiries from the educational institution
- Interact and negotiate with school investigators
- Appear before in-person hearings
- Help preserve Fifth Amendment rights
While focusing on the Title IX complaint, it is also essential to acknowledge the possibility that authorities may seek a criminal indictment. Local attorneys could assist in devising a comprehensive defense strategy that focuses on minimizing negative consequences and keeping the individual’s record clean.
Get Advice from a Seasoned Oakland Title IX Attorney
Title IX misconduct charges can lead to much more than a reprimand. So, you may secure the best outcome if you consult with an Oakland Title IX lawyer who could help fight for your rights. Call our office today to schedule your initial case consultation.