7015 College Blvd. #375
Overland Park, KS 66211

913.302.0152 - Cliff
785.979.7361 - Andrew

Office Hours:
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cac@studentrightslawyers.com ad@studentrightslawyers.com

Title IX Sexual Misconduct Appeals

Title IX Sexual Misconduct Appeals

Since 2011 every college and university in the United States has adopted rules for discipline of students accused of title ix sexual misconduct which in many ways presume the accused student to be guilty and require the student to, in effect, prove his (or her) innocence. Before 2011 it was customary to require proof of misconduct that was “clear and convincing.” But in 2011, the U.S. Department of Education, in their now famous (or infamous) “Dear Colleague” Letter, advised every college and university receiving any federal funds that the new standard would be “the preponderance of the evidence.” In plain English, this meant that if a hearing panel of students and administrators thought the accused student was “more likely than not” guilty, the student was found guilty and typically suspended or expelled.

2011 brought about other changes. A student complaining of assault or “date rape” who alleged that she (or he) was “under the influence of alcohol or drugs” was then presumed to be “incapable of giving consent”, even though the evidence might also show a strong desire to engage in sexual conduct with the accused at the time in question. The burden of establishing consent is now clearly on the accused who must show that he (or she) obtained consent at each stage of the encounter between alleged victim and the accused.

title IX sexual misconductTitle IX Sexual Misconduct appeals cases are complex and require a thorough understanding of the rules and how to evaluate the evidence. In fact, there is a growing resistance to the 2011 rule changes but no court rulings exist yet to prevent an accused from facing the process still in use. Commonly held perceptions of verbal and non-verbal cues which might be taken as an invitation to move further along the sexual continuum are no longer a protection for a student who has not sought and received an explicit CONSENT TO EACH STAGE OF SEXUAL CONDUCT.

Our firm has represented students (both male and female) accused of SEXUAL MISCONDUCT, on campuses around the country. In providing Title IX Sexual Misconduct Appeals Defense, we offer Pre-Hearing consultation on all types of campus misconduct charges, including drug, weapons and other general misconduct. We have successfully negotiated outcomes that have protected our client’s ability to complete their education. Our firm has also obtained dismissal of charges in some cases.

You may contact attorneys Clifford A. Cohencac@studentrightslawyers.com ) and Andrew Duncan ( ad@studentrightslawyers.com ) at 913-345-2555.

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