North Carolina Defense Lawyers For Title IX Disciplinary Hearings

North Carolina Defense Lawyers For Title IX Disciplinary Hearings2018-09-21T16:07:13-04:00

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 CollegeGraham, North Carolina
Apex School of TheologyDurham, North Carolina
Appalachian State UniversityBoone, North Carolina
Asheville Buncombe Technical Community CollegeAsheville, North Carolina
Barton CollegeWilson, North Carolina
Beaufort County Community CollegeWashington, North Carolina
Belmont Abbey CollegeBelmont, North Carolina
Bennett College for WomenGreensboro, North Carolina
Bladen Community CollegeDublin, North Carolina
Blue Ridge Community CollegeFlat Rock, North Carolina
Brevard CollegeBrevard, North Carolina
Brunswick Community CollegeBolivia, North Carolina
Cabarrus College of Health SciencesConcord, North Carolina
Caldwell Community College and Technical InstituteHudson, North Carolina
Campbell UniversityBuies Creek, North Carolina
Cape Fear Community CollegeWilmington, North Carolina
Carolina Bible CollegeFayetteville, North Carolina
Carolina Christian CollegeWinston Salem, North Carolina
Carteret Community CollegeMorehead City, North Carolina
Catawba CollegeSalisbury, North Carolina
Catawba Valley Community CollegeHickory, North Carolina
Central Carolina Community CollegeSanford, North Carolina
Central Piedmont Community CollegeCharlotte, North Carolina
Chowan UniversityMurfreesboro, North Carolina
Cleveland Community CollegeShelby, North Carolina
Coastal Carolina Community CollegeJacksonville, North Carolina
College of the AlbemarleElizabeth City, North Carolina
Craven Community CollegeNew Bern, North Carolina
Davidson CollegeDavidson, North Carolina
Davidson County Community CollegeThomasville, North Carolina
DeVry University North CarolinaCharlotte, North Carolina
Duke UniversityDurham, North Carolina
Durham Technical Community CollegeDurham, North Carolina
East Carolina UniversityGreenville, North Carolina
Edgecombe Community CollegeTarboro, North Carolina
Elizabeth City State UniversityElizabeth City, North Carolina
Elon UniversityElon, North Carolina
Fayetteville State UniversityFayetteville, North Carolina
Fayetteville Technical Community CollegeFayetteville, North Carolina
Forsyth Technical Community CollegeWinston Salem, North Carolina
Gardner Webb UniversityBoiling Springs, North Carolina
Gaston CollegeDallas, North Carolina
Grace College of DivinityFayetteville, North Carolina
Greensboro CollegeGreensboro, North Carolina
Guilford CollegeGreensboro, North Carolina
Guilford Technical Community CollegeJamestown, North Carolina
Halifax Community CollegeWeldon, North Carolina
Harrison CollegeMorrisville, North Carolina
Haywood Community CollegeClyde, North Carolina
Heritage Bible CollegeDunn, North Carolina
Isothermal Community CollegeSpindale, North Carolina
ITT Technical Institute CaryCary, North Carolina
ITT Technical Institute Charlotte NorthCharlotte, North Carolina
ITT Technical Institute Charlotte SouthCharlotte, North Carolina
ITT Technical Institute DurhamDurham, North Carolina
ITT Technical Institute High PointHigh Point, North Carolina
James Sprunt Community CollegeKenansville, North Carolina
Johnson & Wales University CharlotteCharlotte, North Carolina
Johnson C Smith UniversityCharlotte, North Carolina
Johnston Community CollegeSmithfield, North Carolina
King’s CollegeCharlotte, North Carolina
Laurel UniversityHigh Point, North Carolina
Lees McRae CollegeBanner Elk, North Carolina
Lenoir Community CollegeKinston, North Carolina
Lenoir Rhyne UniversityHickory, North Carolina
Living Arts CollegeRaleigh, North Carolina
Livingstone CollegeSalisbury, North Carolina
Louisburg CollegeLouisburg, North Carolina
Mars Hill UniversityMars Hill, North Carolina
Martin Community CollegeWilliamston, North Carolina
Mayland Community CollegeSpruce Pine, North Carolina
McDowell Technical Community CollegeMarion, North Carolina
Meredith CollegeRaleigh, North Carolina
Methodist UniversityFayetteville, North Carolina
Mid Atlantic Christian UniversityElizabeth City, North Carolina
Miller Motte CollegeJacksonville, North Carolina
Miller Motte College CaryCary, North Carolina
Miller Motte College FayettevilleFayetteville, North Carolina
Miller Motte College GreenvilleGreenville, North Carolina
Miller Motte College RaleighRaleigh, North Carolina
Miller Motte College WilmingtonWilmington, North Carolina
Mitchell Community CollegeStatesville, North Carolina
Montgomery Community CollegeTroy, North Carolina
Montreat CollegeMontreat, North Carolina
Mount Olive CollegeMount Olive, North Carolina
Nash Community CollegeRocky Mount, North Carolina
New Life Theological SeminaryCharlotte, North Carolina
North Carolina A & T State UniversityGreensboro, North Carolina
North Carolina Central UniversityDurham, North Carolina
North Carolina State University at RaleighRaleigh, North Carolina
North Carolina Wesleyan CollegeRocky Mount, North Carolina
Pamlico Community CollegeGrantsboro, North Carolina
Pfeiffer UniversityMisenheimer, North Carolina
Piedmont Community CollegeRoxboro, North Carolina
Piedmont International UniversityWinston Salem, North Carolina
Pitt Community CollegeWinterville, North Carolina
Queens University of CharlotteCharlotte, North Carolina
Randolph Community CollegeAsheboro, North Carolina
Richmond Community CollegeHamlet, North Carolina
Roanoke Chowan Community CollegeAhoskie, North Carolina
Robeson Community CollegeLumberton, North Carolina
Rockingham Community CollegeWentworth, North Carolina
Rowan Cabarrus Community CollegeSalisbury, North Carolina
Saint Augustines CollegeRaleigh, North Carolina
Salem CollegeWinston Salem, North Carolina
Sampson Community CollegeClinton, North Carolina
Sandhills Community CollegePinehurst, North Carolina
Shaw UniversityRaleigh, North Carolina
Shepherds Theological SeminaryCary, North Carolina
South College AshevilleAsheville, North Carolina
South Piedmont Community CollegePolkton, North Carolina
Southeastern Community CollegeWhiteville, North Carolina
Southwestern Community CollegeSylva, North Carolina
St. Andrews UniversityLaurinburg, North Carolina
Stanly Community CollegeAlbemarle, North Carolina
Surry Community CollegeDobson, North Carolina
The Art Institute of CharlotteCharlotte, North Carolina
The Art Institute of Raleigh DurhamDurham, North Carolina
Tri County Community CollegeMurphy, North Carolina
University of North Carolina at AshevilleAsheville, North Carolina
University of North Carolina at Chapel HillChapel Hill, North Carolina
University of North Carolina at CharlotteCharlotte, North Carolina
University of North Carolina at GreensboroGreensboro, North Carolina
University of North Carolina at PembrokePembroke, North Carolina
University of North Carolina at WilmingtonWilmington, North Carolina
University of North Carolina School of the ArtsWinston-Salem, North Carolina
University of Phoenix Charlotte CampusCharlotte, North Carolina
University of Phoenix Raleigh CampusRaleigh, North Carolina
Vance Granville Community CollegeHenderson, North Carolina
Wake Forest UniversityWinston Salem, North Carolina
Wake Technical Community CollegeRaleigh, North Carolina
Warren Wilson CollegeSwannanoa, North Carolina
Wayne Community CollegeGoldsboro, North Carolina
Western Carolina UniversityCullowhee, North Carolina
Western Piedmont Community CollegeMorganton, North Carolina
Wilkes Community CollegeWilkesboro, North Carolina
William Peace UniversityRaleigh, North Carolina
Wilson Community CollegeWilson, North Carolina
Wingate UniversityWingate, North Carolina
Winston Salem State UniversityWinston-Salem, North Carolina

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