Attorneys face unique challenges in each college, even though all Minnesota colleges follow the federal guidelines and laws governing Title IX. Each college is free to set their own rules and regulations, including how they interpret Title IX. Attorneys are forced to familiarize themselves constantly with the Title IX policies of colleges before defending any cases at that college.
Lawyers who work in this field are aware that some policies are accurate and informative in explaining a school’s procedures. There are also many colleges with policies that leave something to desire for practicing attorneys who want to plan their defense. In my practice, I’ve dealt with many college policies and have been able predict the entire procedure by reading the procedures. There is one college for every policy manual that I’ve dealt with.
The first question to ask is whether or not the school will allow direct communication between the attorney and the college. Most schools limit the ability of an attorney to contact a college directly by writing or calling. In such cases, attorneys will need to work with their client student in order to draft communications between the student and the school. It is not ideal to have this inefficient and cumbersome process. Asking the Title IX Coordinator if the attorney may contact the college directly is a good idea. Title IX coordinators have the final say on rules, and will often interpret school policies in a softer way.
After establishing communication with the school, it is common for students to be interviewed by the investigator of the school. The preparation for the interview is the most crucial part of any Title IX defence.
The student will likely be asked to take part in a follow-up interview. However, the majority of the “their story”, which is the main reason for the interview, will be relayed to the college during the initial interview. It is important to prepare for the interview by keeping in mind what the student faces and how the school defines these allegations. A Title IX investigator who is competent will adhere to the policies manual’s definitions.
Most students will remember the incident well, but find it hard to retell it coherently and include all of the necessary details. Often, interviewers simply ask students to share their version of events without asking any follow-up questions. Students must be ready to confidently tell their version of the events, without prompting. Students should be aware of the definitions that are relevant to their case.
The student will lose cases if they are not educated on why certain details are important to their defense. Although every case is unique, practicing attorneys can use the Title IX policy definitions to prepare for student interviews.
The most significant differences between school policies are found in the post-interview stages. In some colleges, a “panel decision-making process” is used. This involves a selection of individuals in the college making a decision about whether or not the investigation revealed evidence that a policy was violated. The panel can also determine any punishment. Some schools conduct an hearing before making a decision. Some schools allow the student to request a hearing only after they’ve been found guilty of a violation. Hearings allow students to be more involved and have greater control of their case. The preparation for any hearing process is similar to an interview. Practicing attorneys must determine if the student is subject to cross-examination. Although this is a rare occurrence, it does not happen very often.
Summary: Any practicing attorney should review the policy manual of the college where they will be defending their client. You should immediately determine the communication limits with the college. Finally, prepare your client for their interview by familiarizing him/her with relevant policy definitions. This will be useful for a student who is given a hearing at a later stage.
The post Practice tips and tricks for defending Title IX proceedings on Minnesota College Campuses first appeared on Attorney at Law Magazine.