Satawa Law, PLLC. recently has won another Title IX hearing, as the office for title 9 and institutional equity at University in Western Michigan “unanimously determined that the preponderance of evidence does not support a finding that the responded engaged in sexual assault or sexual harassment.”Read More

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Defending Athletes And Scholarship Students Against Title IX Allegations In Michigan

A track athlete in starting blocks, illustrating defense against Title IX allegations.Title IX is a federal law that prohibits discrimination based on sex in educational programs and activities, including sports. While it plays an important role in ensuring fairness and equality, it also means that college athletes accused of sexual misconduct can face very serious consequences.

Title IX defense in Michigan can be especially complicated for student-athletes. In this article, we’ll answer some common questions surrounding Title IX allegations, including…

  • Whether an allegation of Title IX sexual misconduct can cost you a scholarship.
  • The steps you should immediately take when an accusation is leveled against you.
  • How a defense attorney can help protect your scholarship and future career.

Can I Lose My Scholarship As A Student Athlete Over A Title IX Sexual Misconduct Allegation?

Yes, you can lose your scholarship as a student athlete due to a Title IX sexual misconduct allegation. Schools, colleges, and universities have the authority to impose a wide range of sanctions on any student found responsible of sexual assault or harassment under Title IX. These sanctions can include:

  • Being banned from campus or university housing
  • Losing the right to participate in sports
  • Having scholarship for that sport impacted
  • Expulsion or suspension from the university

A finding of responsibility in a Title IX case can significantly affect both your education and your athletic career.

What Immediate Steps Should Student-Athletes Take After A Title IX Accusation?

If you’re a student-athlete facing a Title IX accusation, there’s no sugarcoating it: the stakes are incredibly high, with your education, your athletic career, and your future all on the line. That’s why what you do in the first few days after the accusation can make a huge difference.

The very first thing you need to do is get a lawyer, specifically someone who knows Title IX inside and out. But not just any attorney. You need someone who focuses on these kinds of cases and understands how universities handle Title IX investigations. You can’t afford to wait or assume things will work themselves out on their own.

One wrong move, such as agreeing to an interview with the school’s investigator before you’ve spoken to a lawyer, can come back to haunt you later. A Title IX attorney will know how to guide you through every step and act as your advisor throughout the process.

After that, your lawyer’s attention can (and will) shift to gathering everything that might help your case. You’ll will want to save and organize any communication between you and the person who made the accusation, whether texts, DMs, emails, phone logs, pictures, or social media posts anything that tells your side of the story or helps fill in the story. If they’ve posted things publicly that seem relevant, take screenshots immediately. These pieces of digital evidence can fade or disappear quickly, and play a key role in building your defense.

You should also take the time to document the background of the accusations against you, your relationship with your accuser, and the alleged incident in question.

How Can I Document The Background Of A Title IX Accusation Against Me?

To best document the background of the accusation, it helps to sit down and write out a timeline while the details are still fresh. What happened that day? What led up to it? What happened afterward? Sometimes, the relevant events start hours before the incident, sometimes weeks or even months earlier, depending on your relationship with the accuser. Getting this down clearly, accurately, and as early as possible will help your lawyer understand the full context of the case, and help you remember important details as the case moves forward.

Alongside that, think about who else might have information that could help. Who saw you before or after the incident? Who knows both you and the other person? Who can speak to your character or the nature of your relationship with him/her? Make a list of these people. It could be classmates, teammates, roommates, or mutual friends anyone, as long as they support your account of events.

Lastly, start putting together your story. Not just the timeline, but the bigger picture. Think through things from multiple angles. Ask yourself, How do you know the person who made the accusation? What was your relationship like? What led to this situation, and what’s happened since? Writing this out can help create a clear, insightful narrative that your lawyer can use to advocate for you throughout the process.

The bottom line? Take action early. Don’t wait. The sooner you get legal help and start organizing your side of the story, the better your chances of protecting your scholarship, your athletic eligibility, and your future.

Can A University Suspend Me From Sports Before A Title IX Hearing Is Completed?

A university can indeed suspend you from sports before the Title IX hearing takes place. While it may seem like a drastic step, it is possible, and it does happen.

When a claimant or complainant makes a Title IX accusation, the Title IX office will issue a notice of allegations against the accused student (the respondent). Along with this notice, the Title IX office will outline what are called intermediate sanctions. These are actions that can be taken before the hearing occurs.

Suspension from sports would be considered a severe intermediate penalty, but it is a possibility. More commonly, the university may impose restrictions such as:

  • Barring contact with the complainant
  • Restricting access to specific buildings or areas on campus where the complainant is present, such as certain classrooms or residence halls
  • Prohibiting access to places where the complainant spends time, like a practice space for a campus band or team

How Can A Title IX Defense Attorney Protect My Scholarship And Future Career?

When representing you in a Title IX case, it’s vital for your attorney to remember that you are not just a student; you are a student-athlete. This makes a significant difference in how your defense should be approached. Your attorney must be acutely aware of the unique pressures and consequences that come with being an athlete, particularly when your scholarship and athletic career are on the line.

From the start, a skilled attorney will prioritize ensuring that you are allowed to continue participating in your sport during the investigation and pending hearing. They should also negotiate with the Title IX coordinator or investigator to preserve your eligibility to play very early on in the process.

Additionally, an attorney will work to ensure that any restrictions placed on you, such as being barred from certain areas on campus, do not interfere with your ability to access essential facilities like study hall, training areas, practice fields or arenas.

Another key consideration is your academic requirements. If you are restricted from attending classes or facing other sanctions that affect your academic performance, it could jeopardize your eligibility to compete in the future. As a student-athlete, you must maintain a certain level of academic performance to remain eligible to play, so your defense attorney must ensure that your academic standing is not compromised during the investigation.

In short, defending you as a student-athlete in a Title IX case requires quite a comprehensive approach. An experienced attorney will advocate not only for your rights in the investigation but also ensure your ability to continue attending classes, participating in your sport, and fulfilling the academic and athletic requirements necessary for your scholarship and future career.

How I Represent Student-Athletes Accused Of A Title IX Violation

Unfortunately, student-athletes are often in the spotlight, and with that comes the risk of being targeted. Because they are well-known on campus, they may become the focus of false accusations, sometimes driven by a desire for financial gain or personal revenge. This can happen when someone, often a person with whom they’ve had very little interaction, accuses them of a Title IX violation, hoping to leverage the situation for money or other benefits.

I recently worked with another attorney to defend a college football player who was falsely accused of a Title IX violation. It became clear that the accusation was a fabricated attempt to blackmail the student-athlete. In cases like this, the accused athlete faces two options:

  1. Attempt to settle or make it go away, which could be tempting but often leads to a dead end because it doesn’t solve the underlying issue.
  2. Take the accusation head-on and stand up to whoever it is that is trying to bully them.

The best approach is to confront the situation directly. Get your side of the story out there, provide any evidence that supports your version of events, and make sure it’s in front of the Title IX investigator. Engaging with the investigator is essential, but it must be done with the support of your attorney, and with adequate preparation so you can tell your truth clearly and confidently. Doing this in a deliberate and aggressive manner will go far to cause the person making the false accusation to back down.

How Do You Help Clients Handle The Pressure Of Athletic Commitments And The Case?

One of the most important things I do as an advisor is help the young athletes I represent cope with the overwhelming pressure they’re facing after an accusation. Many athletes will throw themselves into their sport during tough times, and that can be a great outlet. It’s something they know, they love, and it can keep them grounded. I always encourage them to lean into their athletic commitments because it can help maintain their focus and mental health during the process.

However, the bigger challenge often lies in maintaining their academic performance while dealing with the stress of the case and their athletic duties. I emphasize that they cannot let this situation make them falter in the classroom or on the field. If they let their performance slip, then the person accusing them wins, and that’s not what we’re fighting for. In order to succeed, the student-athlete needs to stay focused on both their academic and athletic commitments, using those aspects of their life as a way to keep their mind off the stress of the case.

The key to navigating this pressure is finding a qualified attorney who will not only help with the legal defense but also serve as a steady advisor throughout the process. I guide them to stay organized, document everything, and focus on their responsibilities as a student and athlete. Staying grounded in those commitments helps them preserve their mental health and gives them the best chance of coming out of this situation in a good place.

Still Have Questions? Ready To Get Started?

For more information on Title IX defense in Michigan, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 356-8320 today.