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    Know and Protect Your Rights in a Criminal Defense Matter




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          Oakland Title IX Lawyer

          Award Winning Attorneys. Great Results in Title IX Cases. Understanding of Your Unique Situation. Well-Versed in Differing Title IX Policies.

          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.

          Understanding the Role of Title IX in Schools

          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.

          What Constitutes a Title IX Violation?

          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:

          • Sexual harassment
          • Sexual crimes
          • Unwanted touching
          • Lack of consent
          • Domestic violence
          • Capturing and/or sharing intimate photos without consent
          • Indecent exposure
          • Stalking
          • Sexual misconduct

          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.

          Sexual Harassment Policies Outside of Title IX

          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.

          Outlining the Title IX Process Once Allegations Are Made

          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:

          • Complaint filed — The first step in any Title IX investigation is the complaint. Once the Title IX Coordinator receives a complaint, it sets the University’s Title IX procedure in motion.
          • Notice of allegations — The individual accused of the misconduct will receive a notice of allegations, which explains that there are Title IX allegations against them. These are typically accompanied by a no-contact letter from the University’s Title IX coordinator, which prohibits any form of communication with the complainant.
          • Interview by Title IX investigator — After receiving a no-contact letter, the Title IX investigator will likely request the accused come in for an interview. While an attorney can be present during this interview, they are typically not allowed to speak on their client’s behalf during the proceeding.
          • Continued investigation — After the interview, the Title IX investigator will continue their investigation of the accused, gathering and looking at evidence that supports the accusation.
          • Recommendation by the Title IX investigator — After completing the investigation, the Title IX investigator will make a recommendation about whether they believe the misconduct or violence occurred.
          • Title IX hearing — At this stage in the process, the Title IX office will hold a hearing to determine whether the accused acted in violation of the school’s Title IX or sexual harassment policy.
          • Determination of outcome — After the hearing, the hearing officer will determine whether the individual violated school policy and what applicable penalties are applicable.
          • Appeal — Individuals unhappy with the outcome of the Title IX investigation may be entitled to appeal the decision.

          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.

          Why Trust the Nieves Law Firm With Your Title IX Case?

          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:

          • Our team genuinely cares about our clients and their goals.
          • We strive to achieve the best possible outcome for each client we represent.
          • We have experience handling numerous successful Title IX cases.
          • We represent both students and staff accused of Title IX violations.

          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.

          REVIEWS

          • “Nieves Law is professional, polite, and precise! The only other ‘P’ word I’d use to describe the team is perfect! They were accommodating throughout the entire process and met all of my needs! I thoroughly appreciate their hard work and dedication.” — Paul N.
          • “Hey man, if you need a lawyer you’re probably having a bad day, and these guys are absolute pros. Totally attentive and amazing response time. I’d also like to point out that they are empathetic and will help you with what you need without charging you a dime if they don’t need to. ” — Kyle K.
          • “Thanks Nieves Law Firm! You made the process of my case simple, and easy to understand. You made this ride smooth for me. The outcome of my case was relieving, comforting and much-needed. I would definitely recommend ‘Nieves’” — Zuma M.

          Possible Penalties If You Are Found “Guilty”

          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:

          • Expulsion
          • Suspension
          • Loss of scholarship
          • Disciplinary probation
          • Revocation of degree
          • Mandatory counseling or education
          • Loss of campus privileges
          • X number of days without pay (for staff)
          • Loss of employment (for staff)
          • Loss of tenure (for staff)
          • Criminal charges
          • Community service

          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.

          Will There Be Additional Criminal Charges?

          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:

          • Rape defined under Cal. Penal Code §§ 220, 261 and 261.5
          • Sexual Battery defined under Penal Code 243.4
          • Domestic violence and domestic battery are defined under Cal. Penal Code 273.5 and 243(e)(1)
          • Stalking defined under Penal Code § 646.9

          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 Benefits of Working With an Oakland Title IX 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 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:

          • Educate the accused about the law, legal 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, including how and when to respond.
          • Interact and negotiate with school investigators.
          • Help you navigate the different procedures that have been adopted by the educational institution.
          • Assist in prepping the accused for the hearing.
          • Ensure your rights are protected throughout the investigative process.

          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.

          How We Help With Your Title IX Allegations

          • Call us. Give us a call or contact us online so we can get general information about you and the allegations made against you.
          • Schedule a meeting. Schedule a meeting with our team so we can determine the best plan to address your legal problems.
          • Take back your life. We help you solve your legal problems so you can focus your energy on what’s most important to you.

          Real Cases. Real Results.

          3 Allegations of Rape, Choking, and Domestic Violence

          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.

          Sexual Harassment Accusation Against Faculty

          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.

          Sexual Battery & Temporary Restraining Order

          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.

          Sexual Harassment Complaint

          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.

          FAQ: Title IX 

          How do I know my school’s Title IX or sexual harassment policy?

          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.

          How long will the process take?

          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.

          What can parents expect during their child’s Title IX investigation?

          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.

          How can retaliation lead to additional penalties?

          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.

          How long does a student have to file a Title IX complaint?

          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.

          Contact a Title IX Lawyer in Oakland Today

          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.

          Free Consultation

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