Criminal Defense Attorneys in

​Amenia
Annandale On Hudson
Bangall
Barrytown
Beacon

Beekman
Billings
Castle Point
Chelsea
Clinton Corners
Dover Plains

Dutchess County Court
Fishkill
Glenham
Holmes
Hopewell Junction
Hughsonville
Hyde Park
Lagrangeville
Millbrook
Millerton
Northeast

Pawling
Pine Plains
Pleasant Valley
Poughkeepsie, City

Poughkeepsie, Town
Poughquag
Red Hook, Town

​Red Hook, Village
Rhinebeck, Town

Rhinebeck, Village
Rhinecliff
Salt Point
Staatsburg
Stanfordville
Stormville
Tivoli
Verbank
Wappingers Falls

Washington
Wassaic
Wingdale

Ancram
Ancramdale
Austerlitz
Canaan
Chatham
Claverack
Columbiaville
Copake
Copake Falls
Craryville
East Chatham
Elizaville
Germantown
Ghent
Hillsdale
Hollowville
Hudson
Kinderhook
Livingston
Malden Bridge
Mellenville
New Lebanon
Niverville
North Chatham
Old Chatham
Philmont
Spencertown
Stottville
Stuyvesant
Stuyvesant Falls
Valatie
West Lebanon
Acra
Ashland
Athens
Cairo
Catskill
Climax
Cornwallville
Coxsackie
Durham
Earlton
East Durham
East Jewett
Elka Park
Freehold
Greenville
Haines Falls
Hannacroix
Hensonville
Hunter
Jewett
Lanesville
Leeds
Lexington
Maplecrest
New Baltimore
Oak Hill
Palenville
Prattsville
Purling
Round Top
South Cairo
Surprise
Tannersville
West Coxsackie
West Kill
Windham
Brewster
Carmel
Cold Spring
Garrison
Lake Peekskill
Mahopac
Mahopac Falls
Patterson
Putnam Valley
Albany
Alcove
Altamont
Berne
Clarksville
Coeymans
Coeymans Hollow
Cohoes
Delmar
East Berne
Feura Bush
Glenmont
Guilderland
Guilderland Center
Knox
Latham
Medusa
Newtonville
Preston Hollow
Ravena
Rensselaerville
Selkirk
Slingerlands
South Bethlehem
Troy
Voorheesville
Watervliet
Westerlo
Accord
Bearsville
Big Indian
Bloomington
Boiceville
Chichester
Clintondale
Connelly
Cottekill
Cragsmoor
Ellenville
Esopus
Gardiner
Glasco
Glenford
Greenfield Park
High Falls
Highland
Highmount
Hurley
Kerhonkson
Kingston
Lake Hill
Lake Katrine
Malden On Hudson
Marlboro
Milton
Modena
Mount Marion
Mount Tremper
Napanoch
New Paltz
Olivebridge
Phoenicia
Pine Hill
Plattekill
Port Ewen
Rifton
Rosendale
Ruby
Saugerties
Shandaken
Shokan
Spring Glen
Stone Ridge
Tillson
Ulster Park
Walker Valley
Wallkill
Wawarsing
West Camp
West Hurley
West Park
West Shokan
Willow
Woodstock
Arden
Bellvale
Blooming Grove
Bullville
Campbell Hall
Central Valley
Chester
Circleville
Cornwall
Cornwall On Hudson
Cuddebackville
Florida
Fort Montgomery
Goshen
Greenwood Lake
Harriman
Highland Falls
Highland Mills
Howells
Huguenot
Johnson
Maybrook
Middletown
Monroe
Montgomery
Mountainville
New Hampton
New Milford
New Windsor
Newburgh
Otisville
Pine Bush
Pine Island
Port Jervis
Rock Tavern
Salisbury Mills
Slate Hill
Southfields
Sparrow Bush
Sterling Forest
Sugar Loaf
Thompson Ridge
Tuxedo Park
Unionville
Vails Gate
Walden
Warwick
Washingtonville
West Point
Westtown
Bear Mountain
Blauvelt
Congers
Garnerville
Haverstraw
Hillburn
Monsey
Nanuet
New City
Nyack
Orangeburg
Palisades
Pearl River
Piermont
Pomona
Sloatsburg
Sparkill
Spring Valley
Stony Point
Suffern
Tallman
Tappan
Thiells
Tomkins Cove
Valley Cottage
West Haverstraw
West Nyack

Call: 845-758-3676

Text: 845-853-2292

WHAT IS TITLE IX?

Title IX  is a federal law that was enacted in 1972 initially to ensure that female students not be discriminated against when educational institutions apportioned funding to athletic programs. Over the years, application of the law has been dramatically broadened to cover several facets of higher education. The statute provides that, "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." Congress further provided that if an educational institution is found to be discriminating against a student or students on the basis of sex, that educational institution could be subject to forfeiture of its direct and indirect federal funding. 


In interpreting Title IX, the Supreme Court has held that when students suffer sexual assault and harassment, they are deprived of equal and free access to an education, which his a violation of Title IX. The U.S. Department of Education's Office for Civil Rights, which monitors enforcement of Title IX on college and university campuses,  "The sexual harassment of students, including sexual violence, interferes with students' right to receive an education free from discrimination and, in the case of sexual violence, is a crime." Consequently, colleges and universities were required to comply with Title IX or face lose of their federal funding.

 

Procedures were put into placeso that schools could receive and process complaints of sexual discrimination, harassment and violence. Most colleges and universities now have a Title IX Coordinator who oversees the receipt and investigation of Title IX complaints. The procedures for processing Title IX complaint varies from school to school, but the allegations are required to be kept confidential and retaliation by any party (accuser or accused) is prohibited. Schools are required to allow an accused to respond to an allegation but often the accused is given very little time to respond and not provided with the details of the allegation, which may involve conduct that took place on or off campus. In many cases, without any evidence being review or evaluated, an accused student is served with a "stay-away" order and even forced to immediately leave classes and campus while the Title IX investigation goes forward.  Some but not all schools permit the accused a hearing and there is an appeal process. The standard of proof is only by a mere preponderance of the evidence rather than beyond a reasonable doubt, the burden of proof a prosecutor must meet at a trial to convict a person of a crime. 


Despite this very low standard of proof, unfortunately, many schools discourage an accused student from seeking legal counsel and instead only offer to provide the student with an "advisor" who is usually a member of the faculty or staff who has volunteered to assist students with filing or responding to a Title IX complaint. These faculty and staff usually have no legal training are unable to give legal advice nor do they apprise a student of the risks of making a statement to a Title IX investigator or Title IX Coordinator regarding an allegation of sexual misconduct. The standard of what is sexual misconduct is also different than the criminal law under the so-callled "Enough Is Enough Law", which permits a finding of sexual misconduct, which can result in expulsion from the school, if the accuser claims that he or she did not give "affirmative consent." 


Participation in a Title IX investigation without an attorney can have dire implications to a student accused of sexual misconduct  because the allegation can also be a crime. Even though the Title IX investigation may be "confidential" on campus, any statement given by an accused to a Title IX coordinator, investigator or a witness can be used to prosecute an accused student in a criminal court which can result in a prison sentence if convicted of a crime. Often students, who generally have very little life experience, will casually make statements to a Title IX investigator that are misinterpreted or incorrectly reported which are then used as evidence of an admission or confession to a crime and the student is charged by sex crimes prosecutors. Text messages are commonly taken out of context and used as evidence that a student engaged in sexual misconduct. It should be clear that these investigations, often carried out by untrained or poorly trained members of the faculty or staff, have been designed over time to protect the educational institution, not the rights of the students. Therefore, it is of paramount, if not primary importance, that a student accused of a Title IX violation seek experienced Title IX counsel to protect the student from waiving his or her Constitutional rights and if possible, avoid being charged criminally.


If you or someone you know has been notified of a Title IX allegation, call us for a free consultation BEFORE a response is submitted to the Title IX Coordinator or an interview conducted by the Title IX investigator. 


TITLE IX RESOURCES:


Bard College Office for Gender Equity (Title IX)


Marist College Title IX Office


Vassar College Title IX Office


Culinary Institute of America Title IX Office 


Dutchess Community College Title IX Office


SUNY New Paltz Title IX Office




















Michael Steven PollokReviewsout of 80 reviews