By: James H. Price IV, Title 9 Lawyer Based in Greenville, South Carolina at Price Law Group
Not all South Carolina law offices offer Title IX defense. In fact, the number of Title IX attorneys near me in Greenville will number fewer than a dozen in the entire county, and a couple of those are regional or statewide legal firms.
The Price Law Firm only defends Title 9 charges for those being accused. Claims under Title IX of the Education Act usually are civil cases raising discrimination based on sex discrimination. These are essentially Title Nine due process lawsuits, being filed to recover money and to expel those who are found responsible for accusations of sexual improprieties.
Discrimination under any education programs or activities receiving federal financial aid is actionable under rules and guidelines of the federal Department of Education. The college or university is obligated to move quickly is assessing any Title IX offenses, which are allegations of sexual misconduct, misbehavior, or discrimination.
All schools in 2021 and 2022 have a Title IX coordinator, and many of them also have an attorney at law title next to their names. The title for a lawyer is “JD,” which stands for juris doctor.
The urgency to investigate. Title Nine law violations are built into federal law and regulations and applies to both public institutions as well as private colleges that accept federal funding. The best time to retain a Title 9 lawyer is when the case is in the investigative stage, where proof exists that the Title IX lawsuit wrongly accused our client. This early intervention allows your Title 9 attorney to exercise all your Title IX due process rights.
Title IX Discrimination Lawyers That Bring Lawsuits for Clients
Starting in 1972, when the Title IX law was first enacted as a federal civil rights law, the gist of the Legislation was about prohibiting sex discrimination. In a nutshell, the claimant is alleging that discriminatory conduct permitted by the University or College denied the benefits of equal treatment and opportunity of every person in the United States to pursue the claimant’s education.
All colleges and higher education schools in the USA that receive federal financial assistance were tasked with expeditiously investigating any allegations of sexual misconduct to see if a basis for the claim existed. Failure of an educational institution to take prompt steps to investigate would cost them their federal funding.
Anyone under investigation or who has been formally accused of committing a sex crime will likely feel isolated. Too often, law enforcement, prosecutors and the court of public opinion often rush to judgment without fully considering all the relevant facts.
The legal team at the Price Law Firm in Greenville, South Carolina, takes a far different approach to addressing allegations of criminal sexual conduct. Our lawyers in SC can explain to our clients the limited Title IX rights of the accused in these complex legal cases.
To begin, we are on YOUR side, and are attacking the case in a manner to prove that the claim is false. We never JUDGE our clients or the accusation against them. We focus on defending the case and search for the flaws and weaknesses in the allegations. This is how we are able to provide a compelling defense.
What Sex Crimes Would Be a Violation of Title IX?
Title IX complaints, in many ways, parallel sex allegations in a criminal law court. Many sex crime cases involve “he said, she said” disputes, and that is also true in Title 9 filings. Your need skilled trial lawyers with the experience and courtroom acumen to cross-examine a sympathetic witness without drawing the ire of the jury or the trial judge.
Defending against these allegations requires a heightened attention to detail by your Title IX defense lawyer, since few of these cases are recorded as might be done in a police surveillance investigation or highway traffic offense pullover.
If trial is necessary, for instance, your Title Nine lawyer needs to fully understand the nuances of cross-examination to defend Title IX claims. Title IX advocates defending their clients must structure questioning to bring out the inconsistencies and changes in the initial report and what was formally charged. Raising doubt in the testimony of the complaining witness or witnesses against you in=s the path to clearing your name.
Our trial lawyers draw on our training and experience in criminal trials to help us break down the accuser’s evidence. The skills needed to cross-examine witnesses and challenge the complaining parties is similar in all types of South Carolina sex crimes, as well as in these Title 9 cases, which can be based upon conduct paralleling:
Criminal sexual conduct
Sex offenses involving a minor
A conviction for a sex crime carries a wide range of harsh consequences that can have a life-long impact on the way you live. The likelihood of being required to register as a sexual offender wherever you may live in the future is reason enough to seek the representation of a skilled sex crimes defense attorney.
Title Nine Changes 2020: The Standard of Proof Has Changed
Since the Fall of 2020, the claimant has had to meet a higher standard of proof. Now a showing of clear and convincing evidence is mandated, whereas before only a preponderance of evidence was necessary.
This change in the law is subject to adjustment or change later but currently has helped those defense attorneys like our clients. This new standard of proof is the one next to “proof beyond a reasonable doubt,” used in criminal law prosecutions.
Make Sure You Have a Strong Title IX Legal Advocate by Your Side
Normal concepts of due process do not apply to Title 9 violations, even though the ramifications of being found to be culpable can be life-changing. The importance of retaining legal counsel to defend Title Nine near me is critical.
At the start of the complaint, our client may be informed of the initial accusations against him or her. Later, additional accusations can arise through the course of the educational institution’s investigation without the accused person being notified.
Title 9 Legal Professionals Fighting for You
It is important to have someone by your side to help guide you through this difficult and frequently unfair process. The Price Law Firm can help keep these investigations fair and to help you organize your version of events so that you are treated fairly.
Call today for our free consultation and no-cost legal advice about the pending or threatened legal action. E. Powers Price and the author of this article, James H. Price IV, are in Greenville SC, in the Upstate SC area. Price & Price Attorneys can be reached through our main office number (864) 271-3535. What are you waiting for, if the meeting is FREE?