Title IX Lawyer in California

Title IX Services in California

Moore Law for Children provides Title IX defense for students throughout California. Title IX is associated with allegations of sexual assault, sexual harassment, sexual misconduct, sexual violence and gender discrimination at any school which receives federal funding.

This includes:

Universities
Colleges
School Districts
Elementary and Secondary Schools

Learn more about what constitutes a Title IX Violation or Offense or why it is important to work with an experienced Title IX defense attorney.

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Title IX Respondents Need an Experienced Advocate and Defense

Title IX respondents are entitled to an attorney to guide them through the case and the disciplinary process. Title IX requires prompt attention and action, usually resulting in the completion of investigation and ultimately a resolution within 60 days.

This is why it is so important to immediately contact Moore Law for Children or call (949) 336-7711 to speak with an attorney personally to learn more about the Title IX process and the risks you face. Title IX findings will follow you throughout your academic career and into professional life. It is important to mount a vigorous defense to achieve a better outcome than any student could accomplish on their own.

Title IX respondents face serious consequences including suspension or expulsion as well as permanent notifications in their academic and disciplinary transcripts. We provide sound advice and counsel throughout the entire process and work with the respondent to obtain a reasonable outcome in your case.

California Title IX Defense Lawyers

What Is Title IX?

While many people have heard of Title IX in conjunction with women’s sports, the law is much broader than athletics. Title IX is a federal law that addresses sex discrimination, sexual harassment, and sexual violence in education programs and activities. All schools throughout the country that accept federal funds must comply with Title IX. This means that schools are required to have a grievance process for students to report misconduct in any of the above categories by school employees or peers.

How Does Title IX Work?

Title IX is quite complex as the rules can vary depending upon the nature of the alleged conduct as well as where the alleged misconduct took place. The process begins when a Complainant (person alleging the misconduct) reports sex discrimination, sexual harassment, or sexual violence to the school, generally to the school’s Title IX coordinator. The coordinator then notifies the Respondent (person accused of misconduct) that a complaint has been filed. In some instances, there may be an opportunity for early resolution at this stage.

When early resolution is not an option, a Title IX investigator will conduct an investigation. This includes speaking to both parties and interviewing others who may have knowledge as well as looking at any evidence. The investigator makes findings in a detailed, written report.

What happens next depends on whether the alleged incident occurred at a college or a K-12 school. In a K-12 school, school officials can make a decision without a formal hearing. If the misconduct occurred at a college, the institution must hold a full hearing on the matter before determining what discipline is warranted.

If there is a hearing, each side can present evidence and call witnesses. However, there are limits on who can be a witness as well as what questions can be asked. Also, both the Complainant and Respondent are usually responsible for speaking on their own behalf, including submitting written questions or questioning witnesses, and making opening remarks and closing arguments.

If a Respondent is found responsible for the alleged misconduct, disciplinary sanctions, including suspension and expulsion, can be imposed. Finally, while both parties may have appeal rights regarding the school’s process, those rights can be very limited, making it essential that the proper procedures are followed the first time.

How a Title IX Lawyer in California Can Help

Schools have certain obligations in handling Title IX matters. As already noted, the process can be confusing and involved. Further, there is the possibility of criminal action or civil litigation in addition to the school proceedings. Consequently, it’s essential to have a knowledgeable attorney to ensure that the policies and procedures are implemented correctly and to offer students guidance and support during the process while protecting them from further civil and criminal liability.

The rights afforded to both the Complainant and the Respondent include:

Certain confidentiality rights;
The right to an advisor;
The school can not act with deliberate indifference;
An adequate, reliable, and impartial investigation; and
That the Title IX personnel be properly trained.

Finally, both parties may be entitled to certain supportive measures under the law.

Contact an California Title IX Lawyer

The attorneys at Moore Law for Children are experienced and well-versed in Title IX. If you find yourself involved in a Title IX matter, message us online or call us today at (949) 336-7711.

What is a Title IX Violation or Offense?

Title IX is a federal law which protects the civil rights of students, staff and faculty in federally funded educational institutions. The majority of elementary and secondary schools, colleges and universities in the State of California receive funding or other financial assistance from the federal government. The acceptance of federal funding requires the educational institution, school or district to comply with Title IX.
Title IX is primarily concerned with gender-based discrimination issues. This includes all forms of sexual misconduct, harassment or bias.

What is Considered as a Sexual Offense under Title IX?

Title IX requires federally funded institutions and districts to have a policy which requires “affirmative consent.” This is usually established as the standard for “a conscious decision by each participant to engage in mutually agreed upon sexual activity.”

Any form of sexual violence, harassment or bias is considered to be a violation of Title IX. Sexual violence usually involves any coerced or forced sexual contact or when an individual is unable to provide consent (such as the use of drugs or alcohol or a physical or intellectual disability).

Sexual harassment usually extends to all forms of physical, verbal or online activity which is unwelcome to the alleged victim.

Issues and Events Which Can Result in a Title IX Violation

There are obviously many situations in life which blur the boundaries between affirmative consent and a Title IX violation. There are also more overt acts which clearly violate Title IX. These include:

Rape
Coercion
Date Rape Drugs or Other Influences
Sexual Assault
Sexual Battery
Sexual Harassment
Indecent Exposure
Lewd Conduct
Sex Without Affirmative Consent
Dating Violence
Offensive Touching
Gender-Based Bullying
Gender Discrimination
Unwelcome or Aggressive Sexual Advances
Sexual Innuendo, Derogatory Remarks, Jokes or Catcalls

The Stakes Are High For Any Respondent in a Title IX Offense

The impact of a Title IX violation upon a student’s academic and professional future cannot be overstated. A negative finding in a student’s case will result in “sanctions” which are much more difficult to reverse in any review or appeal. An adverse finding in your Title IX case will result in serious consequences which can include, but are not limited to:

Suspension
Expulsion
Inclusion of a Title IX Finding and Associated Sanctions in the Student’s Disciplinary Record
Inclusion of a Title Finding and Associated Sanctions on the Student’s Academic Record

The best strategy is a vigorous defense for your student throughout the process in order to seek a much more favorable outcome as well as the elimination or substantial reduction of any consequences.

There Is a Very Limited Window of Time to Mount a Title IX Defense

The US Department of Education’s Office of Civil Rights (DOE-OCR) has established “recommendations” which provide a very small window of time to prepare and mount a defense. Title IX offenses and violations are usually investigated and resolved within 60 days. This is why it is so important to immediately contact Moore Law for Children or call (949) 336-7711 to speak with an attorney about the challenges you face and the services we can provide to protect those accused of a Title IX offense or Violation.

One of the few rights afforded to the respondent in most Title IX cases is the right to an attorney. Meldie Moore has proven experience in Title IX defense cases and has achieved positive results in many cases for students accused of Title IX violations.

We work with students and Title IX respondents to provide sound advice and counsel in every step of the process with one goal – substantially reduce or eliminate the student’s exposure to sanctions. Our clients and their families value the outcomes we achieve and peace of mind knowing there is a tenacious and experienced advocate who is hard at work on their behalf.

Parents Must Recognize the Genuine Challenge Their Son or Daughter Faces

The student who is accused of a Title IX violation is legally known as a “respondent.” A respondent (student) who is charged with a Title IX violation is not provided the same rights as those afforded to people who face criminal or civil charges in a Court of Law. The basic rights available to a Title IX respondent are quite minimal when they face a school or campus based disciplinary process. The standard of proof is the low preponderance of the evidence standard, so the stakes are stacked against the accused. It is critical a student not be left to defend themselves alone. Sound legal advice from an experienced Title IX attorney is imperative to protect your rights, education and future.

Meldie was instrumental to our successful outcome.

She helped us navigate the complicated and totally biased Title IV process, ultimately allowing us to successfully overturn their faulty ruling. She is a compassionate lawyer that really provided invaluable guidance and comfort throughout this painful process.

- Anonymous