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Title IX

There are very few traumatic experiences that equal the trauma of sexual assault.  But consider the trauma of being wrongfully accused of sexual assault., especially in the age of the #metoo movement.  Whether you are in the military or in higher education (Title IX process), or both, you will find yourself in an arcane administrative process where, although not outwardly stated, complainants are presumed to be truthful and the respondent is presumed to be guilty until proven innocent.  Investigators are often poorly trained and are encouraged to “believe the victim.”  In most colleges and universities and in the military, the standard of proof is “preponderance of the evidence” which is the same standard of proof for a traffic violation.

In order to prepare a proper defense, you need to get into the mind of the investigator. What is her background? What training did she receive? What are her biases? How is her report prepared?   In order to prepare a proper defense, you need an advocate who understands military and university (Title IX) sexual assault processes.  Your advocate should be familiar with how investigations are conducted, the deficiencies inherent in most administrative investigations and the philosophy of the organization conducting the investigations.   While the immediate goal of any advocate is to secure a finding of innocence in the first instance, your advocate should also be prepared to take your case beyond the initial administrative process in the event that you are wrongly found “responsible” with all of the consequences that such a finding entails.   Such actions on your behalf can include higher review by other administrative bodies and civil court actions.

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