As soon as you get the notification letter, you need to contact the people you trust when things go wrong, or simply contact an experienced Title IX lawyer. If you get the sense that someone may accuse you, get a lawyer even before this contact. Upfront investigation can be the difference between winning a losing.
The notice letter often requires contact with the Title IX office within 5 days. The letter will make it seem like you must appear in their office and give a statement, subjecting yourself to interrogation. You are not required to appear. You can email contact. Your lawyer can help you or appear with you. Remember, anything you say to the school will be turned over to the police and prosecution if the case goes to criminal courts.
The schools attempt to complete the investigation and provide a result in 90 days or less. This can be extended for good reasons. It can also go very quickly. In this time, the school will interview the accuser, any witnesses s/he identifies and any witnesses you identify. The school cannot force a person to appear for an interview. If a witness refuses to talk for any reason, that is that.
- Witnesses can also submit written statements. We can interview people, if they are willing.
- Evidence, like video from a dorm or store or people’s phones or social media or taking photos of the scene, can be submitted. It is unlikely that the school will seek this information or attempt to get it if they learn about it. So, it is important to gather it ourselves.
Upon completion of the investigation, the school will provide a preliminary investigation report. We get a few days to respond. We can comment to bring out our story, to show bias, to add facts from you or other witnesses, and to show violations of the code or due process. This is often when we first learn the specifics of the factual allegations against you. It is at this time that I often submit a full statement by my client. The complainant can comment as well. Sometimes, the school conducts more investigation.
After the preliminary report comment period, the school will provide a final report, allowing more comment. Then the school makes a determination. Most of the time, there is never a hearing. These actions are completed almost entirely on paper.
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.