Title IX and Sexual Misconduct

K-12 and Higher Education

You have the right to have an advisor assist you through the entire investigation and hearing process.

The role of an advisor is different than that of a defense attorney in a criminal case. Hiring a local Alabama advisor is the best way to understand and confidently defend against the complex and lengthy Title IX or sexual misconduct process. 

The Title IX process is initiated when an accuser makes a complaint. Due process is limited and does not follow the same “beyond a reasonable doubt” standard of proof as in a criminal case.

Your Title IX advisor will work with you to investigate the facts of this particular case and prepare for your meeting with the Title IX investigator. By selecting a lawyer as your advisor you will be be able to give the best statement possible to the investigator and prepared to testify at your hearing.  Anything you say to the Title IX investigator will be recorded and could be used against you in any concurrent criminal proceedings. You must be absolutely prepared for your investigative meeting and hearing. 

Your advisor will also help you to determine which evidence to present (or exclude) on your behalf. Because there is no guarantee that the evidence you present will be used in your favor, it’s important that the evidence you present be carefully selected and screened by an experienced attorney. 

Finally, your advisor is responsible for cross examination during the hearing. Kate is an experienced Alabama trial attorney and familiar with the unique rules that apply to Title IX hearings as of their administrative policy changes on August 14, 2020.

Title IX violations are serious

If you’ve received a Notice of Allegations letter from the Title IX office, there’s a lot on the line. You need a defense strategy.

  • Assault/rape
  • Stalking
  • Harassment
  • Domestic Violence

Defend your record

Title IX violations can be placed on your permanent record and disclosed to future schools and employers. 

Defend your education

Even before the investigation is complete, your college or university can institute remdial measures against you, the accused, up to and including removing you from housing and/or campus. An advisor will make sure you stay informed of your rights and continue accessing your education until the matter is resolved.

Defend your reputation

From the moment an allegation is made, the accused party’s reputation and character is on the line. If you are involved in Greek life, athletics, extra curricular activities, or an advanced degree program those involvements are at stake from an accusation alone. 

Kate Furek Title IX Defense Alabama

Certified by the Association of Title IX Administrators

Kate is proud to be a certified advisor through the Association of Title IX Administrators (ATIXA). ATIXA is an independent, not-for-profit organization nationally known for its leading expertise in Title IX compliance, litigation, and expert witness services. 

Why Kate?

Kate is a trained and skilled Title IX advisor and criminal defense attorney. If you have criminal charges that arose from the same incident, Kate can represent you on both. If you are only facing Title IX allegations from your college or university, having a criminal defense attorney as your advisor is to your benefit.

Kate is familiar with the Department of Education Title IX regulations as well as the Sexual Misconduct policies of all major Alabama Universities.

– University of Alabama
– Auburn University
– University of Alabama at Birmingham (UAB)

Once you have been notified that an accuser has made an allegation, you have a very limited time to respond to the Title IX office to make a statement and notify them if you’ve selected an advisor.

Today, evidence in these types of cases is usually captured on social media sites like Snapchat, Instagram and TikTok. Kate is experienced computer forensics and can assist in capturing data to present to the Title IX office.

Kate Furek Law, LLC is a law office in the 21st century. All paperwork can be signed electronically, appointments for calls and Zoom meetings can be booked online, and clients have text access to their attorney.  Click here to learn more about Kate’s criminal defense practice. 

Kate Furek Title IX Defense Alabama
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I'm innocent, I don’t need an advisor

If you’ve already received a formal notice of allegations, navigating a Title IX investigation is an extremely risky move. By the time the Title IX office has opened an investigation, they’ve already determined based exclusively on the accuser’s statement that the conduct is a potential Title IX or Sexual Misconduct violation.

Although the investigation is supposed to be fair and neutral, the allegation alone can be extremely damaging to your reputation and your status.

The 2020 update to the Title IX regulations is over two thousand pages long. While every institution must follow these regulations, your college or university may have their own policies and procedures that they follow. When the consequences are as serious as Title IX, you need an advisor familiar with these procedures in order to preserve your rights.

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I've already been sanctioned. Can I appeal?

If you have already been found responsible for a Title IX violation you have the right to appeal.  Appeals are highly complex and technical. If the specific appeals process is not followed, your appeal will likely be denied.

Even if you previously used a different advisor, or if you had an institution-appointed advisor, using a trained and certified advisor familiar with the appeals process will ensure you don’t make these technical errors during the appeals process. Navigating the appeals process on your own is nearly impossible.

You have only a few days to notify the Title IX office of your appeal after the final decision is made in your case.

 

K-12 Title IX

If your K-12 student is involved in a Title IX matter as either a complainant or a respondent, they are still subject to policies from the Department of Education. The procedure for resolving these matters are different from the procedure followed in higher education.

University Employees

Faculty and staff are also subject to their college or university’s Title IX policy, regardless of whether they’re full or part-time, and regardless of whether the conduct occured on or off campus. Employees may be complainants or respondents and similarly have the right to hire an advisor to assist them in the Title IX process. 

Criminal Allegations

Many Title IX accusations expose the respondent to criminal liability. If you are contacted by law enforcement, you have a constitutional right to have a lawyer present with you during any questioning. If you are charged with a crime related to this allegation, your liberty is at stake. Click here to learn more about defending against sex offenses in Alabama.

Contact Kate To Schedule A Consultation Today.

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