August 20, 2024
Academia is notoriously one of the most difficult – and some would say “brutal” – job markets in our economy, particularly for those in professorial roles. Many people who have spent decades obtaining their own education up to the PhD. level can find themselves sending out 100 job applications all over the country and count themselves lucky to get a single job offer.
Thus, when a university professor (or other administrator or employee) finds themselves caught up in a Title IX investigation, they have good reason to fear the possibility of losing the job they fought so hard to win. In a cultural climate where even arguably innocuous types of free speech on campus offhandedly interjected into a class lecture or expressions of romantic interest can result in a career-threatening Title IX investigation, professors and other university personnel need to take seriously the consequences that can occur due to Title IX.
The fact that a Title IX investigation has been commenced against you does not necessarily mean you will lose your job, but the possibility is very real. Whether that comes to pass will depend on the facts of your case, the procedures and personalities involved in your situation, and the robustness and strategy of your defense.
What Are Title IX Penalties?
The consequences of a Title IX violation for a professor or other staff member are significant. A professor might be immediately suspended based upon the complaint of a single student. If found to have violated Title IX, a professor can lose his or her job – even if tenured – and have an extremely difficult time finding a position in the competitive higher education job market with a Title IX violation on their record. Additionally, a professor or staff member could face fines and work restrictions, all in addition to the personal and professional reputational damage that can come as a result of even an unproven allegation.
Furthermore, the findings of a Title IX investigation and/or the evidence collected during the investigation may potentially be used in a civil or criminal case against the professor or other university employee.
What Does Title IX Apply To?
Title IX investigations and disciplinary proceedings largely center on accusations of sexual harassment, sexual assault, stalking, gender discrimination, and domestic violence. In more recent years, the concept of what qualifies as “harassment” has expanded to include what some might describe as otherwise protected speech asserting perspectives regarding sexuality and gender not targeted at any individuals, and this expansion of the concept of sanctionable “harassment” may continue pursuant to new rule changes proposed by the federal government in 2022.
Title IX applies to all schools, both private and public, receiving federal funding, and such schools are required to pursue disciplinary proceedings when allegations implicating Title IX rules are made. In addition to professors and administrators, students are also subject to Title IX and can face suspension, expulsion, and ongoing reputational damage from such an investigation. In addition to the federal requirements, universities often face intense pressure from those on campus, including student advocacy groups, to take swift and decisive disciplinary action, even where the facts are murky or disputed.
Defending Against a Title IX Accusation
Although a university cannot impose criminal consequences such as a jail term, the consequences in a Title IX proceeding might be far worse. Given the lost earnings, reputational cost, and general emotional damage that a Title IX proceeding can cause (e.g., many years of post-graduate schooling and the student loans that go with them, only to be unable to work in your field), it is important to take steps early in the process, including working with experienced Title IX defense counsel, to defend your interests.
It may seem that working with an attorney to address the challenge of a Title IX disciplinary investigation or other proceedings is unnecessary or even tantamount to an admission of guilt, but understanding the severe implications of an adverse outcome in such a proceeding makes clear that doing everything possible to address these potential consequences – including asserting your lawful right to independent legal counsel – often far outweighs the initial concerns involved with reaching out for legal assistance.
A Title IX defense attorney can help you in a number of ways, including the following:
- Assessing the robustness and accuracy of evidence presented against you, which can include private investigatory efforts regarding the allegations against you
- Providing a counter-narrative of the events in question, including collecting and presenting additional facts, questioning the evidence presented against you, and developing legal arguments regarding the application of the facts to the school’s powers under Title IX
- Formulating a legal strategy for achieving the best possible outcome in the proceeding, including determining whether and how to work with school officials towards mitigated consequences, or, alternatively presenting a comprehensive defense to the charges at a disciplinary proceeding and/or on appeal
- Defending and advocating for you in interviews with investigators and at hearings before school officials
- Protecting your due process rights throughout the investigation and/or disciplinary proceeding; and
- Exploration and execution of appeals efforts.
Contact one of our Experienced Title IX Attorneys
The attorneys of Zweiback, Fiset & Zalduendo understand the stress, anxiety, and fear that comes with a Title IX disciplinary proceeding – or even the threat of such a hearing – and we provide zealous counsel and representation to help our clients avoid negative outcomes and move on with their lives.
If you are a student, professor, administrator, or staff member who is facing or potentially facing the prospect of a Title IX disciplinary proceeding based on allegations of sexual misconduct, professional misconduct, academic misconduct, code of conduct violations, discrimination, or other violations, it is important to take decisive action to protect your interests. The approach of attempting to “go it alone” in the hope that the issue will be quietly resolved in a positive manner without the help of experienced counsel and guidance can result in irreversible negative consequences that can impact your professional life for decades to come.
Contact our office to speak with an experienced Title IX defense attorney regarding your situation today.
