North Carolina Defense Lawyers For Title IX Disciplinary Hearings

North Carolina Defense Lawyers For Title IX Disciplinary Hearings2018-09-21T16:07:13+00:00

If you or your college student child has been accused of sexual misconduct on a college campus, you may be worried about what comes next. Students and parents in this situation often struggle with difficult questions like:

  • How can I prove that I did nothing wrong?
  • Will my school take the accuser’s side?
  • What types of penalties could I face?
  • Do I need a lawyer for the disciplinary process?

Our North Carolina campus sexual assault defense lawyers can guide you throughout the disciplinary process.

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Students accused of college campus sexual misconduct often require legal representation to protect their rights.

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Have you received notice that a fellow college student on your campus has accused you of sexual misconduct? Or maybe you’re the parent of a student who’s received this notice, wondering how to protect your child’s legal rights. It’s important to know that even if you’re innocent, the odds may be stacked against you. Different universities handle these allegations in different ways, but virtually all colleges and universities in North Carolina are required to abide by the guidelines of a federal law called Title IX.

If a school fails to follow these guidelines during an investigation, they’re at risk of losing their federal funding. This means that many universities immediately take the accuser’s word and may rush to resolve the allegations without giving the accused student an opportunity to prove their innocence.

However, you do have the option to hire a lawyer to represent you throughout the disciplinary process. Your lawyer can make sure your story is heard and protect your legal rights throughout the disciplinary process. Some specific ways a lawyer can help include:

  • Investigating the allegations against you
  • Interviewing witnesses
  • Helping you prepare for interviews and hearings
  • Taking notes during all disciplinary proceedings
  • Holding your school accountable if they violate your Title IX rights

If you want to learn more about how a lawyer can help you beat these allegations, you can find out more in a free consultation with one of our experienced North Carolina Title IX defense lawyers.

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The Students & Administration Equality Act

In 2013, North Carolina became the first state to pass a law which guarantees college students or student organizations the right to hire a lawyer when facing disciplinary proceedings. The Students & Administration Equality Act applies to all students at state universities and community colleges in North Carolina. These students are entitled to be represented by a lawyer at any stage of the disciplinary process. Before this law was passed, students could receive guidance from a lawyer, but the lawyer could not speak on their behalf when interacting with administrators.

Arkansas and North Dakota have since passed similar legislation, and Massachusetts is currently considering their own legislation which guarantees students the right to a lawyer.

This law has allowed students accused of sexual misconduct to regain their due process protections, similar to the due process offered to individuals charged in criminal court. Students from states without these laws are often denied their due process and unable to adequately defend themselves from allegations against them.

What Are The Steps In The Disciplinary Process?

The Title IX disciplinary process for allegations of sexual misconduct generally follows these five steps:duke university chapel

  • Investigation – After receiving a complaint of sexual misconduct, the school will investigate the claim by interviewing witnesses, gathering evidence, and notifying the accused student of the allegations against them.
  • Pre-hearing procedure – If, after investigating, the university decides there’s reason to believe the allegations could be credible, then the accused student will be formally charged, receive written notice of the allegations, and the school will set a date for a hearing. The school may also provide the accused student with a written report including details of the allegations and evidence against them.
  • Hearing – At the beginning of a disciplinary hearing, the accused student has the right to admit, deny, or remain silent about the alleged sexual misconduct. Both sides will present evidence and arguments. At the end of the hearing, university representatives will make a ruling on whether the accused student is responsible for the misconduct or not. Universities have the option to use one of two standards of proof: either the preponderance of the evidence standard (more likely than not) or the clear and convincing evidence standard.
  • Penalties – If the accused student is found to be in violation of the disciplinary code, the university panel will decide on a punishment. The accused student may have the chance to plead for leniency. These penalties usually include either suspension or expulsion, and possibly a permanent mark for sexual misconduct on the student’s transcript.
  • Appeals process – When a student is found responsible, he or she has the option to file an appeal with another hearing panel. This varies depending on the university’s student conduct code.

In North Carolina, you’re entitled to legal representation throughout each step of this process. Because universities are so often quick to take allegations of sexual misconduct at face value and seek penalties against accused students, we highly advise protecting your legal rights by working with a reliable North Carolina campus sexual misconduct defense lawyer.

We Represent Students From All North Carolina Schools:

Alamance Community College Graham, North Carolina
Apex School of Theology Durham, North Carolina
Appalachian State University Boone, North Carolina
Asheville Buncombe Technical Community College Asheville, North Carolina
Barton College Wilson, North Carolina
Beaufort County Community College Washington, North Carolina
Belmont Abbey College Belmont, North Carolina
Bennett College for Women Greensboro, North Carolina
Bladen Community College Dublin, North Carolina
Blue Ridge Community College Flat Rock, North Carolina
Brevard College Brevard, North Carolina
Brunswick Community College Bolivia, North Carolina
Cabarrus College of Health Sciences Concord, North Carolina
Caldwell Community College and Technical Institute Hudson, North Carolina
Campbell University Buies Creek, North Carolina
Cape Fear Community College Wilmington, North Carolina
Carolina Bible College Fayetteville, North Carolina
Carolina Christian College Winston Salem, North Carolina
Carteret Community College Morehead City, North Carolina
Catawba College Salisbury, North Carolina
Catawba Valley Community College Hickory, North Carolina
Central Carolina Community College Sanford, North Carolina
Central Piedmont Community College Charlotte, North Carolina
Chowan University Murfreesboro, North Carolina
Cleveland Community College Shelby, North Carolina
Coastal Carolina Community College Jacksonville, North Carolina
College of the Albemarle Elizabeth City, North Carolina
Craven Community College New Bern, North Carolina
Davidson College Davidson, North Carolina
Davidson County Community College Thomasville, North Carolina
DeVry University North Carolina Charlotte, North Carolina
Duke University Durham, North Carolina
Durham Technical Community College Durham, North Carolina
East Carolina University Greenville, North Carolina
Edgecombe Community College Tarboro, North Carolina
Elizabeth City State University Elizabeth City, North Carolina
Elon University Elon, North Carolina
Fayetteville State University Fayetteville, North Carolina
Fayetteville Technical Community College Fayetteville, North Carolina
Forsyth Technical Community College Winston Salem, North Carolina
Gardner Webb University Boiling Springs, North Carolina
Gaston College Dallas, North Carolina
Grace College of Divinity Fayetteville, North Carolina
Greensboro College Greensboro, North Carolina
Guilford College Greensboro, North Carolina
Guilford Technical Community College Jamestown, North Carolina
Halifax Community College Weldon, North Carolina
Harrison College Morrisville, North Carolina
Haywood Community College Clyde, North Carolina
Heritage Bible College Dunn, North Carolina
Isothermal Community College Spindale, North Carolina
ITT Technical Institute Cary Cary, North Carolina
ITT Technical Institute Charlotte North Charlotte, North Carolina
ITT Technical Institute Charlotte South Charlotte, North Carolina
ITT Technical Institute Durham Durham, North Carolina
ITT Technical Institute High Point High Point, North Carolina
James Sprunt Community College Kenansville, North Carolina
Johnson & Wales University Charlotte Charlotte, North Carolina
Johnson C Smith University Charlotte, North Carolina
Johnston Community College Smithfield, North Carolina
King’s College Charlotte, North Carolina
Laurel University High Point, North Carolina
Lees McRae College Banner Elk, North Carolina
Lenoir Community College Kinston, North Carolina
Lenoir Rhyne University Hickory, North Carolina
Living Arts College Raleigh, North Carolina
Livingstone College Salisbury, North Carolina
Louisburg College Louisburg, North Carolina
Mars Hill University Mars Hill, North Carolina
Martin Community College Williamston, North Carolina
Mayland Community College Spruce Pine, North Carolina
McDowell Technical Community College Marion, North Carolina
Meredith College Raleigh, North Carolina
Methodist University Fayetteville, North Carolina
Mid Atlantic Christian University Elizabeth City, North Carolina
Miller Motte College Jacksonville, North Carolina
Miller Motte College Cary Cary, North Carolina
Miller Motte College Fayetteville Fayetteville, North Carolina
Miller Motte College Greenville Greenville, North Carolina
Miller Motte College Raleigh Raleigh, North Carolina
Miller Motte College Wilmington Wilmington, North Carolina
Mitchell Community College Statesville, North Carolina
Montgomery Community College Troy, North Carolina
Montreat College Montreat, North Carolina
Mount Olive College Mount Olive, North Carolina
Nash Community College Rocky Mount, North Carolina
New Life Theological Seminary Charlotte, North Carolina
North Carolina A & T State University Greensboro, North Carolina
North Carolina Central University Durham, North Carolina
North Carolina State University at Raleigh Raleigh, North Carolina
North Carolina Wesleyan College Rocky Mount, North Carolina
Pamlico Community College Grantsboro, North Carolina
Pfeiffer University Misenheimer, North Carolina
Piedmont Community College Roxboro, North Carolina
Piedmont International University Winston Salem, North Carolina
Pitt Community College Winterville, North Carolina
Queens University of Charlotte Charlotte, North Carolina
Randolph Community College Asheboro, North Carolina
Richmond Community College Hamlet, North Carolina
Roanoke Chowan Community College Ahoskie, North Carolina
Robeson Community College Lumberton, North Carolina
Rockingham Community College Wentworth, North Carolina
Rowan Cabarrus Community College Salisbury, North Carolina
Saint Augustines College Raleigh, North Carolina
Salem College Winston Salem, North Carolina
Sampson Community College Clinton, North Carolina
Sandhills Community College Pinehurst, North Carolina
Shaw University Raleigh, North Carolina
Shepherds Theological Seminary Cary, North Carolina
South College Asheville Asheville, North Carolina
South Piedmont Community College Polkton, North Carolina
Southeastern Community College Whiteville, North Carolina
Southwestern Community College Sylva, North Carolina
St. Andrews University Laurinburg, North Carolina
Stanly Community College Albemarle, North Carolina
Surry Community College Dobson, North Carolina
The Art Institute of Charlotte Charlotte, North Carolina
The Art Institute of Raleigh Durham Durham, North Carolina
Tri County Community College Murphy, North Carolina
University of North Carolina at Asheville Asheville, North Carolina
University of North Carolina at Chapel Hill Chapel Hill, North Carolina
University of North Carolina at Charlotte Charlotte, North Carolina
University of North Carolina at Greensboro Greensboro, North Carolina
University of North Carolina at Pembroke Pembroke, North Carolina
University of North Carolina at Wilmington Wilmington, North Carolina
University of North Carolina School of the Arts Winston-Salem, North Carolina
University of Phoenix Charlotte Campus Charlotte, North Carolina
University of Phoenix Raleigh Campus Raleigh, North Carolina
Vance Granville Community College Henderson, North Carolina
Wake Forest University Winston Salem, North Carolina
Wake Technical Community College Raleigh, North Carolina
Warren Wilson College Swannanoa, North Carolina
Wayne Community College Goldsboro, North Carolina
Western Carolina University Cullowhee, North Carolina
Western Piedmont Community College Morganton, North Carolina
Wilkes Community College Wilkesboro, North Carolina
William Peace University Raleigh, North Carolina
Wilson Community College Wilson, North Carolina
Wingate University Wingate, North Carolina
Winston Salem State University Winston-Salem, North Carolina

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