Koffel Brininger Nesbitt has witnessed far too many abuses of due process in
Title IX hearings on college campuses, especially egregious considering
that the intent of Title IX is to promote equal protection and fairness.
Increasingly obvious over the past few years is the collegiate focus on
Title IX – equal protection under the law. Many campuses now employ
Title IX officers to ensure higher education institutions are responding
in line with Title IX to complaints of gender inequality, in particular,
gender inequity as it relates to
sexual assault accusations.
While the intention may be to promote fairness under the law, many Title
IX hearings on college campuses end up robbing those accused of sexual
misconduct of their due process under the law. Koffel Brininger Nesbitt has
had to staff up in order to meet the growing demand of representing students,
typically young men, who are getting yanked into these “Star Chamber” hearings.
college students are responsible men and women, and should be expected to be responsible
for their own actions,” commented Attorney Brad Koffel. “That
goes for the accused and the accusers.”
When administrative institutions take on responsibilities that should belong
to the court, it robs the accused of their full due process rights, namely,
to have their cases decided by an actual judge and jury, not a Title IX
officer or someone else employed by a higher education institution.
“The hypocrisy is deafening,” added Koffel. “These hearings
are being conducted within the bounds of America’s colleges and
universities, institutions that historically are the first to protest
violations of due process and equal protection.”
More About Title IX
Enacted in 1972, Title IX attempted to bar gender discrimination in federally
funded educational programs. Title IX was popularized as the law that
could prevent gender inequality in athletics and hiring faculty. It wasn’t
until 2011 that Title IX was applied to the way universities handle sexual
assault allegations. Since the shift, colleges and universities across
the nation are spending more on ensuring Title IX compliance than ever before.
For a free legal consultation, call 614-675-4845
Fickle Collegiate Sexual Assault Policies
Vague sexual assault policies that differ from campus to campus also no
doubt have led to the uptick in misconduct allegations and subsequent
Title IX hearings. Some campuses have adopted affirmative consent rules
that require an audible “yes” before the first act of intimacy
with an additional required “yes” for every step that commences
after that. Other colleges have adopted more vague policy barring “unwelcome
conduct of a sexual nature.” Many students feel that their only
sure option to avoid controversy is not to date at all.
Both the accused and the accusers are men and women who can reasonably
be held responsible for their own actions. When accusations like these
occur, and they have been occurring at an increasing rate, our firm springs
into action to represent the accused in Title IX hearings. Sadly, we have
witnessed far too many abuses of due process in this arena.