Most schools have a code of student conduct and a separate Title IX code. Each year, these codes change a little. The code that addresses your case is based on the date of the offense or incident, not the date it was reported. These codes are often posted on-line in the portion of the school’s website that focuses on Title IX. Other resources and information are there as well. While there may be summaries of the code on the pages of the website, the code is what will determine your case.
The Title IX code will detail the basis of the rules and their objectives. It will define the offenses, like sexual misconduct, sexual assault, consent, intoxication, domestic partner abuse, stalking, creating and publishing explicit photos or video without consent, and other offenses. It will inform of investigation and hearing procedures, rights and responsibilities. Evidentiary issues, like hearsay, character evidence and prior sexual experience evidence, are discussed. Finally, the sanctions and appeal rights are listed. While the school is required to follow their rules, this does not make the rules fair or legal. The Federal courts have found many schools’ Title IX codes to violate due process. A lawyer can help identify the ways the school is violating due process and show the prejudice to your case. This can help get the best result.
If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney for issues regarding with your Title IX case. We represent clients in throughout the state of Colorado. The Savela Law Firm, P.C. Give us a call at (720) 821-1001 or complete our inquiry form.