The New York Title IX defense lawyer at the Law Offices of Gregg A. Pinto is here to help you if you have been accused of a Title IX violation. The exact language of Title IX law is as follows: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” While Title IX applies specifically to recruitment, admissions, and financial aid, the law also applies to situations that could affect a person’s ability to receive an education once he or she is enrolled in university or college. Therefore, under Title IX law, a university or college that receives federal funds must also investigate any instance of alleged sexual harassment, sexual assault, or sexual violence. Title IX also protects the treatment of LQBTQI+ students..
If you are facing Title IX violation charges in New York, you may be facing accusations of rape, sexual assault, stalking, sexual harassment, domestic violence, sexual coercion, or other charges. A Title IX investigation is not a criminal investigation, but the consequences of its outcome can be severe. If you are a student, your academic career could be over if you are found guilty of a Title IX violation. If you are a faculty member or employee of the university or college, you could lose your job and career if you are found guilty of a Title IX violation.
A Title IX investigation is very different from a criminal case. People who are charged with crimes in a criminal court receive vast legal protections and rights which are embedded in the Constitution and codified in our laws. People who are accused of violating Title IX do not have these rights. For example, everyone knows that in a criminal case you have “the right to remain silent.” A criminal defendant could have their case dismissed or get acquitted at trial without ever having to speak or explain what happened. This is because the criminal defense lawyer can investigate, cross examine witnesses, make objections and motions to exclude evidence, hire experts, and negotiate with the prosecutors – none of which require the defendant to testify or provide a statement – and criminal juries are instructed that if the defendant decides not to testify (“remain silent”), the jury cannot hold it against them. However, in a Title IX investigation, the person accused of violating Title IX has virtually no chance of winning their case without giving a statement. The investigation is conducted by the school and your lawyer cannot “speak for you” in Title IX proceedings. Most participants in the Title IX process end up providing any number of written statements, testimony, comments and responses, along with evidence such as text messages, social media posts, receipts, photographs and videos. If you are accused of a Title IX violation, it is essential that you have a lawyer represent so that you can be sure that you are fully prepared. Mr. Pinto has done this for hundreds of students and faculty around the country.
If you are facing a title IX violation accusation, it is important to get help. A New York Title IX lawyer at the Law Offices of Gregg A. Pinto can evaluate the accusations against you and help you build the strongest possible defense. Mr. Pinto can also evaluate how to approach the hearing held to ensure your maximum possible rights are protected under the law.
Can you be accused of a Title IX violation? In short, if you are in any way affiliated, attending, or involved with a college or university, you could face Title IX violation charges. If you are facing these allegations, you may want to hire a New York Title IX violation defense lawyer at the Law Office of Gregg A. Pinto today.
Title IX law applies to students, faculty, full and part-time employees of the university or college, administrative staff, and any school vendors. Title IX violations can include a wide range of violations including rape, sexual assault, sexual coercion, verbal abuse, or creating a hostile educational environment through sexual harassment.
If you have been accused of a Title IX violation, you could be facing serious consequences. Students can end up getting kicked out of school and have their academic reputations damaged. The impact can haunt them for the rest of their lives. The effect of a Title IX violation on faculty and employees of a university or college can be career-damaging and even-career ending. In some cases, individuals suffer permanently damaged reputations. If you are facing Title IX violation accusations, you need a New York Title IX defense lawyer at the Law Offices of Gregg A. Pinto who can assist you with your case. Mr. Pinto can examine the details of your accusation, look at how the university is investigating the accusation, and fight to defend your rights during the course of the investigation.
Under new Title IX civil rights guidelines, a university or college can only take action if there is evidence that a Title IX violation occurred. So, how much evidence is required to prove a Title IX violation? Under the new guidelines, schools must choose whether to require “clear and convincing evidence” or the lower standard of “preponderance of the evidence.” Unfortunately, most schools continue to use the “preponderance of the evidence” standard, making it much more difficult for the accused.
It is important to know that regardless of which standard your school chooses, both standards are a lower standard than is used in a criminal case, which requires that the prosecution prove “beyond a reasonable doubt” that the person committed the crime. These standards can be very unclear to the average person, and sometimes even the panel hearing the case may not understand the difference between these standards. A New York Title IX defense lawyer at the Law Offices of Gregg A. Pinto can ensure that the panel adheres to the standard that is written in the school’s policy, and present the strongest possible case to defend your innocence.
Under the “preponderance of the evidence” standard, the evidence against the accused must be more likely true than untrue. Under the “clear and convincing evidence” standard, the evidence against the accused must be highly and substantially more likely to be true than untrue. Compare these standards to “beyond a reasonable doubt” where the law must show that the person is guilty such that no reasonable person would doubt the defendant’s guilt. Any reasonable doubts a jury member may have must be addressed and eliminated. These standards can be fuzzy if you are not highly trained in law, and people who serve on disciplinary panels may not always understand these standards.
If you are facing Title IX violation allegations, it is best to be proactive. Reach out to the Title IX lawyer in New York at the Law Offices of Gregg A. Pinto today. We are here to help. When your reputation, academic future, or career is on the line, the Law Offices of Gregg A. Pinto can defend your case and fight for your rights.
Staten Island Offices: *Meetings available at our Staten Island office upon request
Using the skills he learned at the Brooklyn DA’s office, Gregg primarily practices criminal defense, police brutality, civil litigation, and Title IX. Gregg’s recent work involves obtaining an acquittal for DWI and obtaining settlements against the police and Federal Bureau of Prisons.
