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Title IX and Student Misconduct

Title IX: The Stakes

The Title IX of the Education Amendments of 1972 requires every school to investigate claims of sexual misconduct including sexual assault and sexual harassment against students. The stakes are high for the student facing discipline for misconduct. They include dismissal from the institution, interruption of the students’ course of study and/or conditions placed upon the accused student, not to mention the stigma and reputational harm associated with a finding of guilt. In addition, there is the interaction that often occurs between the student disciplinary investigation and a criminal investigation or prosecution. Students need to be advised and counseled about the consequences connected with their participation or non-participation in the university or college Title IX investigatory process.

Title IX: The System

Title IX disciplinary matters are sensitive and can put the accused student in a frightening and confusing situation. Criminal investigations or prosecutions often accompany Title IX cases making things more complicated. While defendants in criminal proceedings have certain rights, these same rights do not exist for students being accused of campus misconduct. In addition, each college and university has its own set of “rules” by which these investigations are handled. There is also a legal difference between the rights ensured to students at state sponsored colleges/universities and those who attend private institutions.

The Need for A Title IX Defense Attorney

Title IX cases require thoughtful legal advice that covers all the legal issues associated with Title IX law and the student misconduct disciplinary process, especially when considering potential criminal charges. It is important to have experienced legal counsel licensed to practice law in the state where the matters arise. A licensed attorney in the state where the alleged student misconduct took place will ensure that the student receives important and complete legal advice and counseling. The student must understand that the protections of attorney-client confidentiality will not apply to non-lawyer Title IX “advisors” made available by the institution. This is incredibly important when the student is sharing information about their Title IX case that may be the focus of a criminal investigation/prosecution or a potential civil claim.

Why You Should Choose Parisi, Coan & Saccocio, PLLC as Your Title IX Law Firm

Our firm is familiar with the societal and political trends and movements that have created the current college and university disciplinary system as pertains to allegations of student on student sexual harassment/sexual assault claims (Title IX and Clery Act) and dating/domestic violence or assault (Clery Act/VAWA). We follow the evolution of the laws, regulations and “guidances”, proposed changes to those laws, regulations and “guidances”, and keep well-informed of the demands of activist organizations on all sides of the issue to ensure you the best representation possible. Attorney Patrick Saccocio is a trial attorney who is experienced in representing those charged criminally with alleged acts of dating/domestic violence, those charged with violating federal and state anti-discrimination laws (Title VII and state equivalent), and is experienced in both state and federal court practice. Parisi, Coan & Saccocio, PLLC does not condone any form of sexual harassment, sexual assault, dating or domestic violence. Nor does Parisi, Coan & Saccocio, PLLC condone unfair and unjust investigations or tribunals that deprive accused persons of fundamental due process rights. We are lawyers who protect your rights and demand that any system that adjudicates accused persons does so in a fair, unbiased and transparent manner.

Our Title IX lawyers will assist you with:

  • Understanding your school’s student misconduct policies and process;
  • Reviewing all charges and allegations made against you;
  • Explaining the consequences (direct and collateral) of the charges made against you and the potential outcomes;
  • Explaining your rights under your school’s student misconduct code; Title IX and/or the Clery Act and The Violence Against Women Act (VAWA) amendments to the Clery Act as well as rights under the United States’ Constitution and your states’ constitution;
  • Assisting in the preparation of a full defense of the alleged misconduct including coordinating any private investigation into the facts and circumstances of your case;
  • Participating in, to the full extent permitted, any hearing or investigation undertaken by your school;
  • Assistance with achieving a negotiated disposition, if appropriate;
  • Counsel and coordinate between the student misconduct investigation and any current or potential criminal investigation or prosecution. Attorney Patrick Saccocio is admitted to practice law in the states of Arizona, California, New York and Texas;
  • Counsel as to the potential civil claims that could potentially be associated with the student misconduct investigation or determination;
  • Advocate your cause before your school’s Title IX investigator, Title IX coordinator and/or any student misconduct disciplinary panel or official;
  • Advocate to ensure that you receive the full due process rights and/or institutionally promised rights that you are entitled to under law;
  • Advocate to ensure that you are afforded all rights granted under Title IX, Department of Education Office of Civil Rights (OCR) “Guidance Letters” and documents, the Clery Act and VAWA amendment;
  • Assist in the preparation of any appeals sought or imposed in conjunction with student misconduct disciplinary proceeding results and determinations;
  • Discuss and consult concerning legal options available to pursue in the event of an adverse determination;

Where We Practice Title IX Law

Parisi, Coan & Saccocio, PLLC practices in all states where its attorneys are licensed and the colleges and universities, both public and private in those states. 

Serving All Colleges and Universities in New York, California, Arizona, and Texas Including:

NEW YORK

All State University of New York institutions including:

  • Albany

  • Binghamton

  • Buffalo

  • Stony Brook

Syracuse University

Cornell University

City University of New York (all locations)

Colgate University

Columbia University

NYU

RIT

University of Rochester

Ithaca College

Hamilton College

Union College

TEXAS

Texas A&M University

The University of Texas at Austin

University of Houston

Texas State University

University of North Texas

Texas Tech University

Rice University

Baylor University

TCU

SMU

UTEP

 

CALIFORNIA

USC

UCLA

Cal State – Fullerton

UC – Berkeley

UC – Davis

San Diego State University

San Jose State University

Stanford University

University of San Francisco

Claremont Colleges

Occidental College

Pepperdine University

ARIZONA

ASU

University of Arizona

Northern Arizona University

Visit our blog to learn more about Title IX and Student Misconduct, Student Rights, Title IX procedures and more.

CONTACT US

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(212) 946 – 4963

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Austin, TX 78701
(737) 226 - 2113

All Title IX and Student Misconduct Inquiries
(212) 946- 4963

 

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