In general, neither the U.S. Department of Education nor the general public show much concern for the rights of those accused of sexual assault on college campuses. However, the courts are increasingly granting remedies to males whose rights have been violated. Lento Law Firm can provide you with the best legal advice.
Naturally, going to court costs money. In other cases, attorney’s fees are only paid at the end of the case, yet bringing a lawsuit to a successful conclusion can be highly expensive.
It is also a risky one. Although the courts have shown some compassion, there have been several setbacks.
It often makes sense to examine what you would settle for before filing a lawsuit. It makes sense to be specific about your goals.
Both men and women are protected under Title IX from sex-based discrimination in educational settings. Arguments that these procedures are unjust and that gender bias must be at play because most of the accused are men have encountered significant resistance in the courts. In other words, you probably won’t have a strong Title IX case if all you did was lose a cursing match in front of a kangaroo court.
However, two different claims under Title IX may be successful:
- If you can demonstrate that the result was incorrect and provide concrete (as opposed to merely conjectural) proof of gender prejudice, you could have a case.
- Whether the school has made any remarks that seem to support such bias.
Breach of Agreement
There are laws in some jurisdictions that define a school’s code of conduct as an agreement between the student and the institution. A breach of contract lawsuit may result from the institution breaking its own rules. This typically occurs when the school gives a kid a certain procedure, and when the hearing is held, the school just ignores that provision of its code. This occurs much more frequently.
Duty Process Breaches
The government has branches that include public schools. Schools must offer a fair hearing before punishing you, as required by the U.S. Constitution and several state constitutions.
First Amendment/Free Speech
In addition to sexual assault complaints, “intimate partner violence” claims are rising. In essence, many schools feel that they should monitor their pupils’ romantic relationships. Therefore, schools occasionally charge that as a distinct infraction when one individual in a romantic connection says anything harmful or unpleasant to his or her partner.