There is insight that someone may have broken the law. What happens next? The process is taking a long time and can be very frustrating. Unfortunately, it is not uncommon for this investigative process to be rather extensive, which means it takes time. Understanding the Title IX investigation timeline can give you more insight into what you can expect.
What Takes So Long?
When there is a complaint about any type of Title IX matter, there are numerous steps that must be followed consistently to protect the rights of both the accuser and the accused. This includes ensuring proper due diligence is available, ensuring the other party has the right to cross-examine witnesses and other involved parties, and that disciplinary decisions can be made properly.
The following is what you can expect from the Title IX investigation timeline:
- A formal complaint is filed. At this point, the investigation begins and requires that the school investigate the allegations made. A written notice is then sent to both parties involved. There must be an investigation, and it cannot be simply dismissed.
- Both parties must be given an opportunity to submit their evidence in the matter, including statements from witnesses or other reports. The school cannot restrict the ability to gather evidence.
- The school has to allow all parties to gather an advisor who can assist them in this process, though this does not have to be an attorney. The university must provide the advisors, as well as respondents and complainants, with the evidence that is obtained. There must be at least 10 days for all parties to examine that evidence and, afterward, respond to it. A report that summarizes the evidence must be provided by the administrators to the advisors.
- If the claim does not meet the requirements of sexual harassment as defined under the law, the case is then dismissed.
- If this does not happen, the next step is a set of hearings and a trial in which both parties are able to ask questions and cross-examine the adversaries and witnesses involved.
- Sanctions are imposed if there is a violation determined. This will include a remedy for the party responsible, and that punishment must be applied in a fair manner and not imposed unless there is some indication of responsibility involved.
- Punishments may include additional steps, including probation, no-contact orders, expulsion, and suspension, as determined in the hearing.
- There is the right to appeal the case, as both parties have the right to seek additional legal guidance if they do not believe that the case was handled in a fair manner.
The complexity of these cases means that both parties should have a responsible attorney by their side to help them through the legal process. That helps ensure there is no delay in the process.
Let Our Team Offer You the Legal Guidance You Need Now
At Wruble Law LLC, our Indianapolis Title IX defense lawyers work hard to ensure our clients receive fair treatment and outstanding legal representation no matter which side of the law they are on. For a consultation to discuss your case, contact us now.