Kennesaw State University Title IX Attorneys
Kennesaw State University is committed to providing its students with opportunities to discover who they are and what they want to offer the world. With over 42,000 students, they are keen on fostering an academic environment of collaboration and exploration. Thus, it’s no wonder they hold students to high academic and behavioral standards and quickly discipline students who violate them.
The idea of defending yourself during a disciplinary hearing can be incredibly overwhelming, especially if you’ve been accused of violating Title IX. It is important to consult an attorney when you learn of any complaints against you to ensure your due process rights are not overlooked. Sometimes students believe they can prepare for these proceedings on their own and end up failing to prevent unnecessary consequences. Capovilla & Williams can help. Call today.
What is Title IX
Title IX prohibits sex-based discrimination in schools that receive federal funding and mandates how these schools must adjudicate such complaints. While every school defines sex-based discrimination a little bit differently, Kennesaw State defines it as:
- Sexually-based bullying
- Intentionally transmitting an STD or HIV to another through sexual activity
- Dating violence
- Domestic violence
- Nonconsensual sexual contact
- Nonconsensual sexual penetration
- Sexual harassment
- Intentional observing nonconsenting individuals who are partially undressed, naked, or engaged in sexual acts
Other examples of sex-based discrimination include instances when schools fail to provide their students with equal access to athletics, discrimination based on pregnancy, or discrimination in STEM programs or individual classes. If Kennesaw State fails to follow Title IX’s steps when adjudicating a sex-based discrimination complaint, the government can pull its federal funding. Because they may lose funding, many schools are afraid to not adjudicate complaints, leading them to punish some students falsely. This is why it’s important to employ a knowledgeable Title IX defense attorney who will catch such instances and prevent you from suffering consequences that could be mitigated.
The Title IX Disciplinary Process
At Kennesaw State, the Title IX Coordinator is in charge of overseeing the adjudication process for Title IX violations. Once a complaint is recieved by their office, they will meet with the complainant to determine whether the allegation falls within Title IX or another university policy or if there is any credence to the complaint. If they determine that the complaint is warranted and under their control, they will have the complainant file a formal complaint, initiating the investigation process.
Sometimes, complainants will decide not to file a formal complaint after this initial meeting. The Title IX Coordinator can either dismiss the complaint or file the formal complaint on their own. Either way, once the formal complaint is filed, the Coordinator will appoint an Investigator and notify the accused student of the complaint.
The Title IX Investigator will set up meetings with both the complainant and the accused student to learn more about the incident. After these meetings, the Investigator will speak to witnesses and begin gathering evidence. They will deliver their report to the Title IX Coordinator’s office when the investigation is complete. The Coordinator will review the report and determine if a hearing is warranted. If it is, they will appoint a panel to oversee the hearing.
The panel will notify both parties of the time and date of the hearing. Both parties will have a chance to present their argument to the hearing panel, including any relevant witnesses and evidence they might have. Once they’ve finished presenting their sides, they will have an opportunity to cross-examine the other side’s evidence and witnesses. While it is the responsibility of the complainant or university to present enough evidence to prove to the hearing panel that you committed the alleged Title IX violation, you must still prepare your strategic defense.
After both parties have been heard fully, the panel will meet separately to decide whether the student is responsible for committing an act of sex-based discrimination under Title IX and what sanctions are necessary. This decision of responsibility and sanctioning is eligible for appeal.
How a Skilled Title IX Defense Law Firm Can Help
At Capovilla & Williams, we understand how scary these accusations and proceedings can be, so we work tirelessly to ensure you are fully prepared at every stage. Call 855-218-6432 today or schedule a free consultation online.