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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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In this article, you can discover…
Yes, a college in Michigan can force a student to leave campus housing after a Title IX accusation, and in many cases, they will often impose interim housing restrictions immediately after a complaint has been filed, even before any findings or decisions have been made.
While each college or university in Michigan may follow its own procedures, most Title IX cases start with someone filing a complaint with the school’s Title IX office. The school will then send the accused student, known as the respondent, a formal notice of investigation.
The notice of investigation will contain an explanation of the respondent’s rights (including the opportunity to present their side of the story and offer any witnesses they have), a summary of the allegations, a timeline for the investigation, and a list of interim measures or restrictions that will take effect during the investigation.
These measures are not considered sanctions because the student hasn’t actually been responsible for anything yet. But they do carry consequences, and they often include a no-contact directive, meaning the respondent cannot have any interaction with the person who filed the complaint. If both students are in the same dorm or share classes, this creates an immediate issue.
The school will often require the accused student to move out of campus housing for the duration of the investigation. Students are usually told to secure off-campus housing, often with little or no notice in advance, which can be a serious disruption to their education.
The most essential step a student can take after receiving a Title IX Accusation is to contact an experienced attorney who specializes in Title IX defense cases.
Having the right legal guidance as soon as possible is really important, because being forced to move out of your on-campus housing is often just the first of many complex issues you will face during a Title IX investigation. You will need to navigate no-contact orders, prepare for your interview by the investigator, assist in gathering evidence, etc. Nobody should attempt to handle it alone and without the help of qualified legal counsel.
A skilled Title IX defense lawyer will work with you every step of the way so you understand your rights, know how to avoid common pitfalls, and are able to safeguard your future.
Attorney Mark Satawa is an experienced criminal defense attorney serving Michigan. For decades, he has worked hard to advocate for clients who have been accused of crimes because he believes everyone deserves a voice and should have their rights protected.
Do you have more questions about the impact of a Title IX accusation on your campus housing? Contact Satawa Law, PLLC. today to schedule a Free Case Strategy Session.
Every Title IX complaint is different, and must be evaluated based on the specific facts and circumstances involved. That being said, unless a student is facing genuine hardship, not just inconvenience or moderate difficulty, fighting to remain in on-campus housing is not the best use of time or energy.
Of course, it’s not easy to just pick up and leave a place you’ve been living in all year, especially one where your friends live or are living nearby. But the smarter and more practical approach is to comply with the housing relocation, and focus your efforts on defending the core allegations.
Letting go of the minor battles can help position you better in the larger fight.
If a respondent feels unsafe in their dorm or believes they’re being unfairly targeted or isolated as part of the university’s response, that is a serious problem and should be addressed immediately with the Title IX office, and the help of an attorney experienced in handling Title IX cases. Technically both parties to a title 9 allegation – the complainant AND the respondent – are entitled to protection from the university and the university’s anti-retaliation policy.
That being said, preserving your housing status during a Title IX investigation is extremely difficult, and usually not worth the effort that would be better served going toward your defense.
The fact is, although every case is unique, investigators often wield significant influence over the direction of the case, and tend to be more focused on protecting the complainant than the respondent. This tends to create an inherent imbalance, which is admittedly unfair, but it is the reality.
However, if the respondent is facing true hardship due to the housing restrictions, it is possible to bring that issue to the school’s Title IX coordinator and appeal the housing restriction. For example, if a respondent is in a specialized academic program, and all of their required courses take place in a building they’re barred from entering, that would be a legitimate basis for an accommodation re: the restriction.
Any time a restriction or condition is placed on a respondent that threatens their ability to remain a student in good standing, it absolutely needs to be challenged or negotiated.
Situations where protective measures are hindering a respondent’s education typically cannot be resolved through a formal appeal to an administrative board. Instead, they’re often addressed through informal but strategic negotiations with the school’s Title IX coordinator.
For example, if both the complainant and respondent are in the same specialized program, like a music degree program, and the respondent is suddenly barred from entering the arts building, it may be impossible for them to attend the classes required to graduate or progress with their degree.
If it is not just a logistical inconvenience, but it directly threatens the student’s ability to stay enrolled and succeed academically, it is inappropriate and must be challenged.
The best way to challenge a protective measure that restricts your ability to succeed academically is to speak to an attorney experienced in handling Title IX cases, and they’ll fight to protect your rights.
For more information on Title IX student housing 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.
Attorney Mark Satawa is an experienced criminal defense attorney serving Michigan. For decades, he has worked hard to advocate for clients who have been accused of crimes because he believes everyone deserves a voice and should have their rights protected.
Do you have more questions about the impact of a Title IX accusation on your campus housing? Contact Satawa Law, PLLC. today to schedule a Free Case Strategy Session.