Rights of the Accused Under Title IX

New Brunswick, NJ attorney advocates for clients in school-related sexual misconduct cases

If you are accused of sexual misconduct at a school, you might the be the subject of a Title IX proceeding. In these matters, you do have certain procedural rights to give you a reasonable chance to defend against the allegations. Even with those rights, however, it can be difficult to defend yourself alone. If you’re accused of school-based sexual misconduct at Rutgers, Princeton, NJIT, TCNJ, Montclair, Monmouth University, Seton Hall, Rowan, a community college or elsewhere in the state, the Law Offices of Eric B. Morrell is ready to help protect your rights under Title IX.

Notice of allegations and access to case information

If you’re a student, teacher, administrator or other school staff member accused of sexual harassment, retaliation or any other kind of sexual misconduct under Title IX, federal regulations entitle you to receive timely, written notice specifying the allegations against you and the policies you’re alleged to have violated. Then, you’re entitled to obtain investigative reports, evidence and other supporting materials gathered and used by your educational institution in the course of investigating the charges. In addition, colleges and universities may publish their own supplemental procedures for dealing with such charges. 

Right to a fair and impartial Title IX investigation

Another right you have is to have your case be handled by neutral investigators and decision-makers with no conflicts of interest. They should not be biased, assume your guilt or be subject to pressure to reach a predetermined outcome. As your NJ Title IX lawyer, I will be on the lookout for any indication of unfairness or prejudice against you, and will raise strong objections to it if I find it.

Rights during Title IX investigations and hearings

Because investigations and hearings are so important to contesting the charges against you, you have the right and should take the opportunity to prepare for them in advance, so you aren’t caught off guard and can put your defense on its best footing. You are also entitled to attend and participate in a live hearing, cross-examine the witnesses against you, present your own witnesses and other evidence, and help the hearing officer to assess the credibility of the evidence.

Advisor and attorney participation in New Jersey Title IX cases

Another important right you have is the right to be assisted by an advisor of your choice, who can be an attorney, throughout the process. I serve Title IX respondents by advising them of any meritorious defenses, objecting to procedural violations, helping them to prepare for the investigation and hearing, questioning witnesses and presenting arguments in their favor at the hearing.

Protecting academic, professional and personal interests

If the charges are upheld, you might be expelled if you’re a student, or fired if you’re on the faculty or staff of the school, or at least suspended in either case. A negative result can show up on your college transcript and may adversely affect your ability to earn a degree and your future career opportunities, as well as potentially taint you publicly. Because of how serious the consequences can be, you can benefit from hiring a New Brunswick criminal defnense lawyer like myself to protect your rights.

Contact a New Jersey attorney determined to protect the rights of the accused under Title IX

The Law Offices of Eric B. Morrell in New Brunswick helps clients throughout Middlesex, Somerset and Union counties, as well as other parts of New Jersey, protect their rights when they are accused of a Title IX violation. Please call 908-768-3837 or contact me online for your complimentary consultation.