Title IX proceedings in schools are among the most difficult and disruptive things a student can experience. For a complainant, coming forward is almost always an act of courage. One cannot predict how the school will receive your report of sexual discrimination, harassment, or assault. The Title IX process will necessarily involve engaging with the respondent, and the emotional experience of that engagement. And at the higher education level, if you take the matter through to a hearing, you may find yourself questioned vigorously by the respondent’s lawyer.
For a respondent, an accusation of sexual discrimination, harassment, or assault can be life-altering even if it’s never proven. The initial word that you are facing an accusation can come along with an “emergency removal” from your school or, in the case of higher education, your on-campus housing. Schools can impose no-contact directives that restrict your movement and require schedule changes. And in the age of social media, the court of public opinion can convict quickly and with very little evidence.
Handling matters this delicate, with stakes this high, can be difficult for our juvenile and criminal justice systems, which were ostensibly designed for the task. Our primary, secondary, and post-secondary schools were not. So both complainants and respondents can be denied their due process rights under Title IX, to the detriment of everyone’s interest in a fair, accurate, and secure end result. This is especially true for students with disabilities, who, in addition to their rights under Title IX, are entitled to accommodations for their disabilities in the Title IX processes.
Raffaele Law therefore represents students with disabilities in Title IX proceedings in middle school through graduate schools. We provide comprehensive legal services to both complainants and respondents to ensure that schools conducting Title IX investigations provide our with their full due process rights. For complainants, Michael Raffaele assists in filing formal complaints, obtaining supportive measures, ensuring that the school’s investigation is thorough, and advising on hearing strategy, including witnesses, evidence, and arguments.
For respondents, Raffaele Law helps protect against unfair and punitive treatment, such as abuses of emergency removal powers, coercive interviews, and the imposition of overly broad “no contact” directives. We help ensure that proceedings remain confidential to protect the respondent’s presumption of innocence through to a decision, make sure that the respondent also receives supportive measures, and help respondents plan their hearing strategy in a way that is effective, thorough, and respectful of everyone involved. And, should the need arise, we represent both complainants and respondents in appeals from Title IX determinations by educational institutions.
Moreover, where schools consistently fail to provide our clients with their due process rights under Title IX, Michael Raffaele can vindicate their rights by filing appropriate claims against the schools with the Department of Education, the Pennsylvania Department of Education, or in federal court.
Raffaele Law is dedicated to providing skilled, experienced legal counseling and representation to protect the rights of students in Title IX proceedings throughout Pennsylvania. Contact us today to learn how we can help you and your child.
