What Can a Title IX Defense Lawyer Do For You?

• Provide guidance to the respondent for every step in the process
• Prepare the respondent for hearings and interviews at the institution
• Make certain that the school adheres to its own Title IX procedures and policies

• Make strategic decisions to secure the best defense against campus sex assault charges
• Advocate and negotiate with the school’s own attorneys behind the scenes to seek an agreeable resolution without need for a hearing

As for how consent is defined under Title IX, that will depend on the specific school, college or university. Likely, it will involve “affirmative consent,” which sounds redundant but is used to underscore the necessity of both parties affirming their consent to mutually agreed upon sexual activity.

This may mean such consent must be mutually understandable to both parties, must be actively and freely given, and cannot be unlimited. In other words, consent to engage in one form of sexual activity doesn’t constitute consent to engage in other forms of sexual activity.

In addition, consent cannot be ongoing in an indefinite manner. That is, consent can be withdrawn at any time. Keep in mind that, even without a refusal, a person who is drunk or passed out cannot give consent to sexual activity.

Presumption of guilt prevails over due process

Part of the problem is that schools tend to make a presumption of guilt rather than the long-standing presumption of innocence to which each American is constitutionally entitled.

In fact, in the wake of a school rape scandal which led to dismissal of its university president and its head football coach, Baylor University in Waco, Texas adopted what has been described as an “anti-male” bias. That bias — and its presumption of guilt — led to a lawsuit by an assistant professor who’d had what he called a consensual relationship with a female student who later accused him of rape.

Unfairness leads to Title IX lawsuits

The Title IX lawsuit against Baylor claimed the university used “gender bias” in handling the case. In effect, a school which first overly protected males to the point of covering up sexual assaults by male athletes against female students then went to the opposite extreme of virtually condemning accused persons because of the simple fact that they were male.

More examples of Title IX unfairness in California led to a graduate student filing a class-action lawsuit against the University of California. That lawsuit asserted that campus policies against sexual misconduct were unfair and denied the accused due process.

This is especially problematic in the face of false claims of sexual assault.