Rochester Title IX Defense Attorneys

Protecting the Rights & Freedom of College Students in Monroe County & Beyond

Being accused of campus sexual assault while attending a college or university can be a scary, confusing, and frustrating situation since your education, career, and entire life ahead of you is on the line. You must do whatever it takes to be viewed fairly under the eyes of the school administration and the law. Unfortunately, being accused of a sex crime can already make you appear guilty in the eyes of the student body and the public. To stand up for your rights and protect yourself against controversy, you need to hire a skilled criminal defense lawyer who has experience handling Title IX cases.

If you are facing allegations of campus sexual assault in Rochester or Monroe County, NY, look no further than Nobles & DeCarolis and let us develop an aggressive and personalized defense strategy, provide you with attentive and responsive legal representation, and help you get your life back on track. Our legal team of former prosecutors has more than 30 years of combined experience, successfully handling hundreds of trials and thousands of criminal cases, including a wide range of sex crimes.

Our firm offers the following benefits to our clients:

• We put our clients first and solve their problems
• Attorney James Nobles and Attorney Brian DeCarolis work directly with our clients, instead of an associate attorney or paralegal
• We can investigate the claim, collect and analyze evidence, and help you obtain the most favorable result in your case
• We offer complete transparency, including upfront pricing

You have put a lot of hard work into your life to get into a great school and prepare yourself for the career you always wanted. A false accusation or simple mistake should not undo the years of hard work and thousands of dollars spent on tuition. Do not face these allegations alone and let our legal team fight for you from start to finish.

At Nobles & DeCarolis, we have defended students enrolled at the following institutions in Title IX hearings, disciplinary hearings, and criminal court hearings:

• Rochester Institute of Technology
• The University of Rochester
• Nazareth College
• St. John Fisher College
• Roberts Wesleyan College
• SUNY Geneseo
• SUNY Brockport
• Monroe Community College

Call (585) 639-3111 or fill out our online contact form to request a free case evaluation today.

What is Title IX?

Title IX of the Education Amendments of 1972 applies to colleges and universities that receive federal funding and protects students from discrimination based on sex. Courts have interpreted this protection against sex discrimination as protection against sexual assault and harassment under the argument that a culture of harassment and a tendency for administrators to disbelieve individuals who come forward about their experiences creates a hostile environment for survivors of sexual assault, including women and members of the LGBTQ community.

Title IX covers sex crimes committed by students, faculty, and school staff at institutions of higher education – both on and sometimes off campus grounds. Violations of both Title IX and school codes of conduct can lead to investigations, accusations, school disciplinary hearings, and even criminal charges.

What to Expect at Title IX Hearings

If a student, faculty member, or staff member is accused of committing a prohibited sexually discriminatory act, the accused party may attend a formal campus sexual assault hearing or Title IX hearing to face their allegations. Similar to trial in a way, Title IX hearings allow both parties to present and question evidence and witnesses, as well as obtain legal representation.

Title IX requires schools to use a “preponderance of the evidence” standard of proof in sexual assault and harassment cases. Commonly used in most civil actions, this standard comes into play when the accuser satisfies the burden of proof by providing evidence that shows that the accused student’s actions are “more than likely” to be true. 

In most cases, this standard can create an unfair bias against the accused party. However, the Department of Education implemented a new set of rules in 2020 that change many of the requirements for how schools address sexual misconduct accusations.

The following are some of the most important rule changes in 2020:

• Schools can only respond to sexual assault accusations that are filed officially through a Title IX coordinator or similar authority figure
• Schools should start the process under the belief that the accused party is “innocent until proven guilty”
• Schools are encouraged to implement a “clear and convincing standard of evidence, which is much higher than the “preponderance of the evidence” standard
• Schools must hold a live hearing with all parties involved

Lower than proving “beyond a reasonable doubt” standard like in criminal courts, the “clear and convincing standard” needs to demonstrate that the accuser’s claims is “highly” or “substantially” more probable to be true than not true.

In general, the Title IX hearing involves a panel consisting of faculty members who are tasked to review the evidence alleged brought against the accused student. The panel will then determine if the accused party violated the school code of conduct.

Consequences of these violations can include:

• School suspension
• School expulsion
• Loss of educational financial aid, loans, or grants
• Loss of the ability to pursue advanced degrees
• Notations of sexual, ethical, or other misconduct on school records
• Criminal records that can be accessed on background checks by future employers or professional licensing agencies
• Criminal penalties, such as jail time, probation, and more
• Potential deportation for foreign students
• The inability to transfer or be admitted at another college or university.

Remember, these hearings are not criminal proceedings. Therefore, the accused student may face criminal charges in addition to the Title IX hearing.

Why You Need to Hire an Experienced Title IX Defense Lawyer

Unlike formal criminal proceedings, the accused student may not have the opportunity to present their evidence or be able to appeal the panel’s decision. That is why getting a Title IX defense attorney involved early in the process can help accused students protect their rights and overcome the school’s tribunal.

At Nobles & DeCarolis, we can conduct a private investigation, ensure you are well-represented in a hearing, and handle all communications and negotiations with the school. Additionally, we can even put an end to an unfounded investigation before a Title IX hearing is held.

Contact us today at (585) 639-3111 to speak with our Rochester Title IX defense lawyers! Our legal team is ready to vindicate students who have been wrongfully accused of campus sexual assault.