Jo-Anna Nieves
Founding Attorney
Oakland Title IX Lawyer
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Title IX allegations can be devastating. The possibility of being expelled from school, being disciplined or reprimanded, losing your position as faculty, or damaging your reputation is just the tip of the iceberg.
Students or faculty found in violation of Title IX allegations may also face legal punishments under criminal law. If you have been accused of a Title IX violation, it is important that you understand the severity of the allegations. An adverse finding in your Title IX case could be detrimental to your reputation and future. But you have options.
If you are ready to take action and fight back against Title IX allegations, contact our Oakland Title IX lawyers today. Let us help you take the first step toward a brighter future. Contact The Nieves Law Firm in Oakland today.
When most people think of Title IX, they immediately think of providing equal opportunity in collegiate sports. However, the law broadly prohibits gender discrimination in academia and addresses various gender-based issues, including sexual harassment and assault.
Title IX is a federal civil rights law that is part of the Education Amendments of 1972. Specifically, Title IX states, “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 violations can lead to serious repercussions, both personally and professionally. If you are charged with violations, you should consider speaking with an Oakland Title IX defense attorney as soon as possible. A skilled defense lawyer could review your situation and help you build a strong defense against a Title IX allegation.
The regulations that implement Title IX define sexual harassment under the 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 various sexual offenses.
It is important to note that certain criteria must be met for a Title IX investigation, and not every educational institution must follow Title IX. An educational institution must comply with Title IX if they receive federal funding for educational purposes.
They do not have to follow Title IX policies if they do not receive federal funding. On top of that, the act that led to the complaint must have happened within the United States and must occur on campus or at a generally related campus activity.
If those elements are met, there may be a basis for a Title IX complaint. Most of the Title IX complaints that we see happen after a person is accused of some form of sexual misconduct on campus or at a school-related event.
Some of the most common issues that may lead to a Title IX complaint include:
If you are accused of any of the acts listed above on campus or at a school-related event, you should be prepared for a Title IX investigation to start.
If the elements of a Title IX investigation were not met, you might still be under investigation under the school’s separate sexual harassment policy. We see this specifically in the UC System, the Cal State System, and Saint Mary’s. These schools have separate and robust sexual harassment policies with different criteria.
For example, let’s say you were at a school-related event outside of the US and were accused of sexual assault. While this would not fall under Title IX since it is outside of the US, it could still fall under the University’s sexual harassment policy.
If you have been accused of a sexual harassment policy violation at your school or are under investigation for a Title IX accusation, you should contact an Oakland Title IX defense lawyer as soon as possible to ensure your rights are protected.
If you are facing Title IX allegations, you should understand what will happen next. However, keep in mind that the processes and procedures may vary from institution to institution. Schools that receive federal funding are required to publish a grievance procedure that covers the school’s Title IX process.
While the policies and procedures vary, there are specific requirements that all federally funded educational organizations must comply with when establishing their reporting and investigative process.
With that in mind, this is what we typically see during a Title IX investigation:
While this is the typical process we have seen, it is important to note that the procedure may vary slightly from school to school. You should read your school’s Title IX policy to learn more about their specific procedures for these allegations.
If you have received a notice of allegations related to an alleged sexual assault on campus or at a school-related event, speak with a Title IX lawyer in Oakland.
Contact us today to schedule a free consultation with a member of our team and learn more about how we can help you fight the allegations brought against you.
Our Oakland Title IX lawyers are vested in our clients and their cases. There is a lot at stake when a person has a Title IX complaint filed against them. Your education, future, professional career, and reputation are all at risk.
Here are a few reasons why you should choose us for your case:
One of the first questions we ask in your initial consultation is what your plans are for the future. Why? We want to find a legal solution that is not only tailored to your case but also your future life goals. But you don’t have to just take our word for it.
Below are some reviews from clients we represented in the past.
In a Title IX case, the accused party is not found “guilty” like in a courtroom. Instead, the school can make an “adverse finding,” meaning they found a violation of their Title IX policy.
If the school makes an adverse finding, the person accused of the Title IX violation could face several different penalties or sanctions, including:
Individuals may also have difficulty getting accepted at another school if there is an adverse Title IX finding against them. Due to the severe nature of these sanctions, it can be very beneficial to work with a Title IX attorney.
An attorney can work with you to build a Title IX defense to the allegations and help you put yourself in the best position possible throughout the investigation and hearing.
One of the most common questions from individuals accused of a Title IX violation is, “Will there be criminal charges?” Like most things in the legal field, it depends on the specific facts of the case.
Any Title IX investigation could have a separate and concurrent criminal investigation for the same issue. For example, if there is an alleged rape accusation against the accused, the complaining witness could also file a police report leading to a criminal investigation on top of the Title IX investigation.
Some common offenses emanating from a Title IX investigation include:
As a law firm that practices criminal defense, our attorneys have the knowledge and ability to handle any criminal charges arising from Title IX allegations.
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 substantiate a claim 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:
A Title IX attorney in Oakland can work with you to put your best foot during the investigative and hearing stages. At The Nieves Law Firm, we have worked with students and faculty facing Title IX accusations.
We’ve helped clients from different schools navigate their specific Title IX allegations, including clients in the U.C. System, the Cal State System, and more. We know how these cases work and how to help our clients fight them.
If you have been served a Notice of Allegations for sexual misconduct or other related misconduct by your educational institution, give us a call to schedule a free consultation and learn more about how we can assist you.
No Notice of Allegations for Rape or Domestic Violence
Client was accused of three allegations of rape, an allegation of choking, and allegations of repeated domestic violence. We worked with the client to help present their side of the story. The educational institution made an adverse finding for choking as intent does not play a role, but no notice of allegations or adverse findings for the rape and domestic violence allegations, meaning the client was not punished for these acts.
No Notice of Allegations
Client was accused of sexual harassment by a student. These accusations led to many problems for the professor, impacting their professional reputation and potential negative employment consequences. The Nieves Law Firm worked with the client throughout the Title IX proceedings, helping to craft a defense and assisting with responses to questions. The allegations were deemed unsubstantiated, and there were no adverse findings.
No Notice of Allegations & Restraining Order Dropped
Client was accused of sexual battery and had a temporary restraining order filed against them. We worked with the client throughout the Title IX investigative process. After communicating with the Title IX office, they made a finding of no notice of allegations, meaning the client was not found guilty of the alleged sexual battery. The restraining order was also not granted against the client.
No Notice of Allegations
Client hired The Nieves Law Firm because they were facing a potential Title IX violation related to an incident that happened after school. The Nieves Law Firm worked with the school and clients to help present the client’s side of the story and protect their rights throughout the Title IX process. No Notice of Allegations was placed against the client.
Title IX misconduct charges can lead to much more than a reprimand. There is a real possibility your Title IX investigation could lead to expulsion, disciplinary probation, termination for faculty members, and even criminal charges in some cases.
With so much on the line, it may be in your best interest to consult with an Oakland Title IX lawyer who could help fight for your rights. Contact us today to schedule a free case consultation with a member of our team.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
One of the most difficult aspects of a Title IX investigation is understanding that every educational institution might have a slightly different Title IX policy. According to the Department of Education, any recipient institution that receives federal funds for educational purposes must operate its program in a nondiscriminatory manner, free of discrimination based on sex or gender identity.
Under Title IX, schools are required to publish a policy that explains the procedure for students to file complaints of sex discrimination and publish the grievance procedure, which outlines the overall process for these claims.
These grievance procedures should include the complaint process, the investigation, and the disciplinary process for Title IX investigations. These policies are often found in the student handbook, code of conduct, or the Annual Security Report (ASR). They can also be found on a school or district’s website.
Many factors impact the length of time a Title IX investigation may take. So, no distinct timeline is set for how long the process lasts. However, Title IX clearly explains that schools are legally obligated to complete the Title IX investigation in a “reasonably prompt” timeframe. In our clients’ cases, we have seen the process take anywhere from 3 to 12 months.
Every school funded by the federal government must have a Title IX policy and procedure that can be found on most school or school district websites. The process starts with a complaint. After the complaint, the school will notify you through a Notice of Allegations. These notices are often accompanied by the school’s Title IX policy. We urge every parent to read the school’s Title IX policy to better understand their exact processes and procedures.
There will be a preliminary investigation report to which the student can respond. This investigative report will recommend either a hearing or that the complaint should not go forward. At the hearing, there will be a decision to determine whether misconduct was found. If misconduct is found, sanctions are employed. These sanctions can be various things, including expulsion, probation, community service, etc.
Some other possible penalties of a Title IX investigation are laid out above. There may also be a concurrent and separate criminal investigation related to sexual misconduct. If your child is under investigation for a Title IX violation, you should contact an Oakland Title IX attorney at The Nieves Law Firm to schedule a free consultation with a member of our team.
If you have been accused of sexual misconduct at school and these allegations have led to a Title IX investigation, it is important that you do not retaliate in any way. Retaliation is specifically prohibited by Title IX, and an adverse finding of retaliation could lead to additional or increased penalties. This can include intimidation and threats.
In the criminal world, the specific timeframe for a person to be charged with a crime is called the statute of limitations. The statute of limitations provides a distinct amount of time after an incident. Most Title IX cases must be filed within 180 days of the most recent incident. The timeframe may be extended for good cause.
