Sacred Heart University Title IX Sexual Assault Lawyer
Successfully pursuing a Title IX complaint over sexual assault that occurred within the Sacred Heart community can be prohibitively difficult without the support of an attorney with experienced handling all types of Title IX cases. If you want to give your case the possibility of a favorable outcome, you should strongly consider contacting and working closely with a Sacred Heart University Title IX sexual assault lawyer from Mark Sherman Law.
How Are Title IX Complaints Different From Criminal Cases?
Title IX of the 1972 Federal Education Amendments requires federally funded universities to take extensive and proactive actions to prevent sex-based discrimination on campus, including all forms of sexual assault. Accordingly, if you have been sexually assaulted by a fellow student or faculty member at Sacred Heart University, you have the right to seek remedies through the school’s Title IX office in addition to or as an alternative to taking legal action in civil and criminal court.
That said, Title IX investigations work differently in practice from criminal prosecution, even though both types of proceedings may arise from the same unlawful act. Defendants facing criminal charges may only be convicted and sentenced if they are proven guilty beyond a reasonable doubt. In contrast, the burden of proof for Title IX proceedings at Sacred Heart only requires guilt to be established by a preponderance of the evidence, which is a lower burden of proof.
Furthermore, people subject to Title IX investigations are not guaranteed the same rights under the U.S. Constitution as those facing criminal charges. Most notably, Title IX respondents have no Constitutional right to remain silent and no right to a jury trial before their peers. In other words, the investigators can draw a negative inference from the Respondent’s silence. Additionally, while respondents may retain one advisor to assist them through the investigation and hearing process, they are not provided counsel if they cannot afford to hire a lawyer themselves. This should emphasize just how important it could be to have support from a knowledgeable Sacred Heart University Title IX sexual assault attorney when facing—or pursuing—this type of complaint.
Supportive Measures and Sanctions Through a Title IX Proceeding
There is an upside to Title IX investigations for respondents compared to criminal prosecution. The sanctions that could come from an adjudication of guilt for a Title IX violation are restricted to consequences that Sacred Heart University can enforce independently from the Connecticut court system. This means that instead of steep fines or jail time, the worst possible outcomes of a Title IX complaint related to sexual assault are typically suspension or expulsion from school. Of course, this kind of disruption to a respondent’s academic career could have resounding effects on their future prospects.
The Title IX office may also disrupt the respondent by providing accommodations to the complainant, including schedule and housing changes. Representation from a seasoned lawyer could be key to mitigating the negative impacts of both sanctions intentionally levied against the respondent to a Title IX sexual assault complaint at Sacred Heart.
Contact a Sacred Heart University Title IX Sexual Assault Attorney for Help
Title IX cases based on allegations of sexual assault may be difficult to handle in effective and proactive ways regardless of whether you are the complainant or the respondent. In both scenarios, though, support from capable legal counsel may be crucial to achieving the best possible resolution from this unique, challenging process.
A Sacred Heart University Title IX sexual assault lawyer could be a steadfast ally from the beginning to the end of your legal proceedings. Call Mark Sherman Law today to learn more, and see what past clients have said about working with us by reading some of the 300+ verified reviews on our Avvo.com profile.