On Campus Sexual Misconduct Allegations, Title IX, and the Right to Retained Counsel

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What is Title IX?

"Title IX" is a set of federal laws aimed at preventing gender-based discrimination in the educational setting. These laws can be found at 20 U.S.C. § 1681 et. seq, and apply to (public and private) colleges and universities that receive federal money. While allegations of sexual misconduct in general may not at appear to qualify as "discrimination," allegations of sexual assault squarely fall under the umbrella Title IX regulations.

Schools Must Comply

In order to continue to receive federal dollars, universities have established extensive policies to ensure compliance with Title IX. As the New York Times reported in April of 2014, "reacting to a serious of highly publicized rapes on college campuses, the White House . . . released guidelines that increase the pressure on universities to more aggressively combat sexual assaults on campus." Universities maintain and staff Title IX Compliances Offices to implement university policies aimed at regulating harassment, sexual violence, and sexual misconduct.

Good News for North Carolina Students

You have the right to be represented by an attorney.

Fortunately for those accused of violating a UNC School System code of student conduct, our General Assembly has recently passed N.C.G.S. § 116-40.11. Under that statute, which became effective in August 2013, any UNC School System student "who is accused of a violation of the disciplinary or conduct rules . . . shall have the right to be represented, at the student's expense, by a licensed attorney or nonattorney advocate who may fully participate during any disciplinary procedure." North Carolina was the first state in the United States to grant students at its public universities the right to retain representation at disciplinary hearings. This right to hire an attorney does not apply if the alleged violation is one of "academic dishonesty," or if the violation hearing panel is exclusively staffed by students.

Free Consultation: Call 866-630-2389

Having an attorney at a disciplinary hearing can be critical to avoiding harsh sanctions such as suspension, expulsion, or deferral of the conference of a degree. This is because an experienced attorney knows how to gather and present favorable evidence, marshal arguments based on school policies, and offer mitigating evidence in the event a violation is found.

Learn More About Title IX Below

North Carolina vs. O.S.
Charge: First Degree Forcible Rape and First Degree Kidnapping
Facing: 26 - 33 years in prison
Result: Dismissed

Case involved allegations of forcible rape at gun point. We were able to gather evidence to attack the accuser's credibility and discredit her story. The prosecution dismissed the charges.

Read more results