With Sexual Violence

We protect the rights of college and university students charged with Title IX sexual violence. The law requires schools to offer a full range of protections during the investigation and hearing process.

During the process, interim measures such as no contact orders can hinder participation in student organizations, fraternities and sororities and even classes. A tenacious attorney can challenge these restrictions.

Discrimination

If you are accused of discrimination, whether by the school or in the workplace, it can have serious long-term consequences. Our team can help you navigate through the Title IX process and protect your rights.

Title IX prohibits discrimination based on sexual orientation and gender identity in educational programs and activities that receive federal financial assistance. It also requires schools to have policies and procedures in place to address sexual harassment or violence.

Congress consciously modeled Title IX on Title VI of the Civil Rights Act, which prohibits discrimination on the basis of race or national origin in programs that receive federal funding.

However, Title IXs protections are broader and apply to all aspects of education programs. For example, Title IXs prohibition against sex discrimination covers single-sex admissions policies for vocational, professional, and graduate schools, as well as public undergraduate colleges (except those that have historically and continually from their inception had a policy of admitting only students of one sex).

Harassment

When a victim of sexual harassment experiences unwelcome sexual advances or conduct at work, they can file a complaint with their school. Title IX requires institutions to take prompt and equitable action on such reports. It also requires schools to provide accused students with due process rights in the investigation and hearing processes, including the right to be informed of allegations against them, the right to present evidence or witnesses, and the right to have an impartial decision-maker determine responsibility.

Harassment can be based on several prohibited characteristics, including race (including dress and grooming), color, ancestry, national origin, religion or religious creed, age, sexual orientation, gender identity, intersex status, pregnancy, and disability. However, for the behavior to be illegal it must be severe and pervasive. One instance of teasing or one mean comment from a coworker is not considered illegal unless it becomes a pattern. This is why it’s so important to have an attorney represent you if you are the target of an allegation.

Sexual Assault

Sexual assault is a terrifying experience for any survivor, regardless of the circumstances. The exact definition of sexual assault varies by state, but typically includes any touch that goes against a person’s will or against their express consent. It also covers any sexually motivated violence against an adult or a child.

Whether it’s a physical or emotional attack, victims often feel traumatized and struggle to function in daily life. They may not want to talk about what happened, but even if they do, they can feel stigmatized and discriminated against.

When students are confronted with sexual assault allegations, it’s essential to seek legal help from an experienced Title IX Lawyer Mesa. Kent can ensure that schools fulfill their obligations to protect students’ rights and provide a full investigation and hearing. He can also help clients defend themselves against false allegations of sexual misconduct and rebut evidence that they have engaged in the wrongdoing they are accused of.

Stalking

Stalking is a pattern of unwanted attention, harassment, or contact that causes a person to fear for their safety or the safety of others or suffer substantial emotional distress. It includes following or surveilling a person, making repeated unwanted approaches, contacting them without permission, sending them gifts and other items, and threatening or harassing them in any way.

A victim of stalking may also experience significant fear and anxiety in other areas of their lives, such as leaving the house or going to work. This has been particularly true since COVID-19 closed many public places and left victims with fewer options for shopping or travelling alone.

If you or someone you know is experiencing stalking, we encourage you to document each incident, safely, for your records and to seek support and protection with a professional familiar with these crimes. The Title IX attorneys at Allen Harris can help you protect your rights and fight for the best possible outcome for your case.

 

 

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