Call Today! Free Immediate Response (818) 781-1570

Representation in Title IX Investigations and Administrative Hearings

If you have followed the news in recent years, you have probably heard of a “Title IX hearing,” in the context of higher education. These cases of sexual and physical assault arising from Los Angeles universities, including UCLA and UC Irvine, and others throughout the State of California may result in rape (Penal Code Sections 220, 261 and 261.5), attempted rape (Penal Code Section 664/261), and other sex crime felonies being filed in criminal courtrooms (Penal Code Section 290). Young college students may have their lives derailed by unfounded and uncorroborated claims of sexual impropriety. Title IX is a federal law prohibiting sex-based discrimination in federally funded higher education institutions.  While elimination of bias and discrimination on the basis of sex is certainly a worthwhile goal, the investigation and enforcement aspect of Title IX, often conducted through specialized commissions and panels, has unfortunately offered students accused of misconduct little in the way of due process.  In recent years, many high profile instances of abuse of the Title IX process have been reported, in which accused students are subjected to a “kangaroo court,” scenario in which they are denied basic due process protections which would apply had the cases been brought in a formal court setting.  These protections include the right to cross-examine the accuser, the right to legal counsel, and the right to discovery. The federal government has listed on its website examples of its recent decisions, laws, case example and other legal work in the area of violations. See: U.S Department of Education Title IX.

How Does a Title IX Proceeding Get Started?

Title IX proceedings may be initiated whenever the school's administrative officers receive a report of sex-based discrimination by one student against another, or by faculty against a student.  In many instances, these complaints consist of allegations of sexual misconduct, which could be sexual harassment, sexually inappropriate comments, or even outright sexual assault which would constitute a criminal allegation.  Accordingly, Title IX proceedings will oftentimes present a cross-over issue: the student or faculty member's standing with the school may be in jeopardy but the accused may also potentially be subject to criminal liability in State court.  Both sets of sanctions are severe.  If found guilty by the Title IX administrative commission, a student may face expulsion, a faculty member could face dismissal, and the matter may be reported to the local police department for criminal investigation.  At the same time, depending on the nature of the allegations, the accused could potentially face time in State prison should the accusation be brought to the attention of the Los Angeles Office of the District Attorney. The possible charges are very serious, and carry the possibility of lifetime sex crime registration under California Penal Code Section 290.

As mentioned above, the due process protections applicable to Title IX hearings on campus are significantly weaker than those that attain in formal State court proceedings.  This does not, however, mean that an accused student or faculty member must go it alone.  Title IX regulations require that, at a minimum, the accused be afforded the opportunity to be represented by an advocate in the proceedings.  Effective advocacy on behalf of the accused is key, particularly in the less formal setting of an administrative hearing, which has a lower standard of proof than in criminal court. A Los Angeles Criminal Defense Attorney from Eisner Gorin can intervene immediately to start preparing a defense that will result in both a successful Title IX hearing, as well as causing criminal charges to be dropped before court.

You Need Experienced Legal Representation

With your, or your loved one's, future on the line, including career, education, reputation, and liberty, it is critical to intervene as soon as possible.  Our experienced criminal defense attorneys will investigate the alleged conduct, conduct witness interviews, attempt to negotiate informally with the school and/or the accuser, and represent you at the actual Title IX hearing.  The goal of our representation is to minimize any potential consequences to keep our client's record as clean as possible.  Once again, while Title IX hearings are not criminal proceedings, the consequences of a negative outcome can haunt an individual for years to come.  Aggressive and effective advocacy are a must in these high-stakes proceedings.

In the current social and political climate, especially with the effect of #metoo, Title IX offices at large and small colleges and universities alike are devoting significant effort to prosecuting alleged violations.  The allegations which form the basis for the Title IX investigation can range from minor instances of sexual harassment, to stalking and intimidation, all the way through date rape or forcible rape.  

Investigation into these sex-related offenses requires significant time and resources with an eye towards assessing the credibility of the involved parties.  This can include searching social media for contemporaneous postings by the accuser, the accused, or third parties with knowledge of the events.  Private investigation into the allegations is key to undermine a false accusation.  If the Title IX administrators are presented only with the accuser's version of events, a negative outcome is likely.  Presenting a plausible alternative theory of the case is an essential element of effective advocacy which is as important in this administrative setting as in a criminal courtroom.

How Eisner Gorin LLP Can Help You

Advocacy on your behalf should begin as soon as you suspect that a complaint has been filed.  While it is never too late to begin asserting our client's rights, the best outcomes are achieved when experienced attorneys begin working the case during the investigative stage, well before the formal disciplinary hearing is held.  During the investigative stage, your attorney will have the opportunity to develop the case in consultation with you and your loved ones.  Any statements you provide to Title IX investigators can be prepared in consultation with your attorney to ensure that they are accurate, clear, and persuasive.  A common misconception is that simply knowing you are innocent is enough to establish that innocence in a contested proceeding.  While the truth may eventually become known, a poor presentation of the facts may result in significant consequences in the meantime which could have been avoided by presenting the best possible defense in the first instance.

Representation is particularly important in Title IX cases as the administrative burden of proof is significantly lower than that in a criminal court.  Many people are familiar with the “beyond a reasonable doubt” standard that applies to criminal trials.  This is the highest standard of proof in the law, and serves to safeguard the rights of innocent defendants who are accused of crimes.  Conversely, the standard of proof in a Title IX administrative hearing is typically a “preponderance of the evidence.”  Roughly translated, this means that the panel or tribunal must only find that the accusations are more likely than not true, a significantly lower burden.  A 2016 study by John Villasenor in the journal Law, Probability, and Risk titled “A probabilistic framework for modeling false Title IX ‘convictions' under the preponderance of the evidence standard,” found that a truly innocent individual subjected to a Title IX proceeding has a quantifiably higher chance of being wrongfully found guilty than a similarly situated defendant in a criminal trial.

At Eisner Gorin LLP, our attorneys have over 50 years' combined experience representing criminal defendants in California State courts and in federal criminal cases around the country. We specialize in sex crime investigations and have causes numerous cases to be dropped before court arraignment, even when the client was arrested by the police for rape or molestation. 

Certified Specialists in Criminal Law

In the Title IX arena, we bring the same level of aggressive advocacy and attention to detail that characterizes our work in criminal cases.  Our goal is always to achieve the best possible outcome for our clients.  Firm partners Alan Eisner and Dmitry Gorin are both state-certified specialists in criminal law, and will pursue all available avenues to vindicate you in your Title IX case.  Whether you are a student, a parent, or a faculty member who has become involved in a Title IX investigation of disciplinary proceeding, we invite you to speak with one of our experienced attorneys today to begin preparing your defense.  Time is of the essence in these important proceedings, which is why we are always available to immediately begin protecting our clients' rights. Do not do it alone. Speaking to the police or college investigators, without your right to have a lawyer present, may lead to a poor outcome. Our firm's goal is to dismiss the claims made against our clients, and keep their records clean, so their future is not stained by their alleged conduct in school. Contact our law firm at 877-781-1580.

Eisner Gorin Title IX defense lawyers are able to immediately consult and defend cases in all California college and universities listed below:

  • Allan Hancock College - Santa Maria, California
  • American Academy of Dramatic Arts - Los Angeles Los Angeles, California
  • American Conservatory Theater - San Francisco, California
  • American Jewish University - Los Angeles, California
  • American River College - Sacramento, California
  • American University of Health Sciences - Signal Hill, California
  • Antelope Valley College - Lancaster, California
  • Art Center College of Design - Pasadena, California
  • Azusa Pacific Online University - Glendora, California
  • Azusa Pacific University - Azusa, California
  • Bakersfield College - Bakersfield, California
  • Barstow Community College - Barstow, California
  • Berkeley City College - Berkeley, California
  • Bethesda University of California - Anaheim, California
  • Biola University - La Mirada, California
  • Bryan University - Los Angeles, California
  • Butte College - Oroville, California
  • Cabrillo College - Aptos, California
  • California Baptist University - Riverside, California
  • California Christian College - Fresno, California
  • California College of the Arts - Oakland, California
  • California College San Diego - San Diego, California
  • California Institute of Technology - Pasadena, California
  • California Institute of the Arts - Valencia, California
  • California Lutheran University - Thousand Oaks, California
  • California Maritime Academy - Vallejo, California
  • California Polytechnic State University San Luis Obispo -  San Luis Obispo, California
  • California State Polytechnic University - Pomona Pomona, California
  • California State University Bakersfield - Bakersfield, California
  • California State University Channel Islands - Camarillo, California
  • California State University - Chico Chico, California
  • California State University Dominguez Hills - Carson, California
  • California State University East Bay - Hayward, California
  • California State University Fresno - Fresno, California
  • California State University Fullerton-  Fullerton, California
  • California State University Long Beach - Long Beach, California
  • California State University Los Angeles - Los Angeles, California
  • California State University Monterey Bay - Seaside, California
  • California State University Northridge - Northridge, California
  • California State University Sacramento - Sacramento, California
  • California State University San Bernardino - San Bernardino, California
  • California State University San Marcos - San Marcos, California
  • California State University Stanislaus - Turlock, California
  • Canada College - Redwood City, California
  • Cerritos College - Norwalk, California
  • Cerro Coso Community College - Ridgecrest, California
  • Chabot College - Hayward, California
  • Chaffey College - Rancho Cucamonga, California
  • Chapman University - Orange, California
  • Charles R Drew University of Medicine and Science - Los Angeles, California
  • Citrus College - Glendora, California
  • City College of San Francisco - San Francisco, California
  • Claremont McKenna College - Claremont, California
  • Coastline Community College - Fountain Valley, California
  • Cogswell College - Sunnyvale, California
  • Coleman University - San Diego, California
  • College of Alameda - Alameda, California
  • College of Marin - Kentfield, California
  • College of San Mateo - San Mateo, California
  • College of the Canyons - Santa Clarita, California
  • College of the Desert - Palm Desert, California
  • College of the Redwoods - Eureka, California
  • College of the Sequoias - Visalia, California
  • College of the Siskiyous - Weed, California
  • Columbia College - Sonora, California
  • Columbia College Hollywood - Tarzana, California
  • Community Christian College - Redlands, California
  • Concordia University Irvine - Irvine, California
  • Contra Costa College - San Pablo, California
  • Copper Mountain Community College - Joshua Tree, California
  • Cosumnes River College - Sacramento, California
  • Crafton Hills College - Yucaipa, California
  • Cuesta College - San Luis Obispo, California
  • Cuyamaca College - El Cajon, California
  • Cypress College - Cypress, California
  • De Anza College - Cupertino, California
  • Dell'Arte International School of Physical Theatre - Blue Lake, California
  • Design Institute of San Diego - San Diego, California
  • DeVry University California - Pomona, California
  • Diablo Valley College - Pleasant Hill, California
  • Dominican University of California - San Rafael, California
  • East Los Angeles College - Monterey Park, California
  • East San Gabriel Valley Regional Occupational Program - West Covina, California
  • El Camino College Compton Center - Compton, California
  • El Camino Community College District - Torrance, California
  • Epic Bible College - Sacramento, California
  • Evergreen Valley College - San Jose, California
  • Expression College for Digital Arts - Emeryville, California
  • Fashion Careers College - San Diego, California
  • Feather River Community College District - Quincy, California
  • FIDM/Fashion Institute of Design & Merchandising Los Angeles - Los Angeles, California
  • FIDM/Fashion Institute of Design & Merchandising Orange County - Irvine, California
  • FIDM/Fashion Institute of Design & Merchandising San Diego - San Diego, California
  • FIDM/Fashion Institute of Design & Merchandising San Francisco - San Francisco, California
  • Folsom Lake College - Folsom, California
  • Foothill College - Los Altos Hills, California
  • Fresno City College - Fresno, California
  • Fresno Pacific University - Fresno, California
  • Fullerton College - Fullerton, California
  • Gavilan College - Gilroy, California
  • Glendale Community College - Glendale, California
  • Golden West College - Huntington Beach, California
  • Golf Academy of America - Carlsbad Carlsbad, California
  • Grossmont College- El Cajon, California
  • Hands on Medical Massage School - Redlands, California
  • Hartnell College - Salinas, California
  • Harvey Mudd College - Claremont, California
  • Holy Names University - Oakland, California
  • Hope International University - Fullerton, California
  • Horizon College San Diego - San Diego, California
  • Humboldt State University - Arcata, California
  • Humphreys College Stockton and Modesto Campuses - Stockton, California
  • Imperial Valley College - Imperial, California
  • International Professional School of Bodywork - San Diego, California
  • Irvine Valley College - Irvine, California
  • John Paul the Great Catholic University - San Diego, California
  • King's University - Van Nuys, California
  • La Sierra University - Riverside, California
  • Laguna College of Art and Design - Laguna Beach, California
  • Lake Tahoe Community College - South Lake Tahoe, California
  • Laney College - Oakland, California
  • Las Positas College - Livermore, California
  • Lassen Community College - Susanville, California
  • Life Pacific College - San Dimas, California
  • Lincoln University - Oakland, California
  • Long Beach City College - Long Beach, California
  • Los Angeles City College - Los Angeles, California
  • Los Angeles College of Music - Pasadena, California
  • Los Angeles Harbor College - Wilmington, California
  • Los Angeles Mission College - Sylmar, California
  • Los Angeles Pierce College - Woodland Hills, California
  • Los Angeles Southwest College - Los Angeles, California
  • Los Angeles Trade Technical College - Los Angeles, California
  • Los Angeles Valley College - Valley Glen, California
  • Los Medanos College - Pittsburg, California
  • Loyola Marymount University - Los Angeles, California
  • Marymount College Rancho - Palos Verdes, California
  • Mendocino College - Ukiah, California
  • Menlo College - Atherton, California
  • Merced College - Merced, California
  • Merritt College - Oakland, California
  • Mills College - Oakland, California
  • MiraCosta College - Oceanside, California
  • Mission College - Santa Clara, California
  • Modesto Junior College - Modesto, California
  • Monterey Peninsula College - Monterey, California
  • Moorpark College - Moorpark, California
  • Moreno Valley College - Moreno Valley, California
  • Mount St. Mary's College - Los Angeles, California
  • Mt Sierra College - Monrovia, California
  • Mt. San Antonio College Walnut, California
  • Mt. San Jacinto Community College District - San Jacinto, California
  • Musicians Institute - Hollywood, California
  • Napa Valley College - Napa, California
  • National University - La Jolla, California
  • Newschool of Architecture and Design - San Diego, California
  • Norco College - Norco, California
  • Notre Dame de Namur University - Belmont, California
  • Occidental College - Los Angeles, California
  • Ohlone Community College - Fremont, California
  • Orange Coast College - Costa Mesa, California
  • Otis College of Art and Design - Los Angeles, California
  • Oxnard College - Oxnard, California
  • Pacific College of Oriental Medicine LLC San Diego - San Diego, California
  • Pacific States University - Los Angeles, California
  • Pacific Union College - Angwin, California
  • Palo Verde College - Blythe, California
  • Palomar College - San Marcos, California
  • Pasadena City College - Pasadena, California
  • Patten University - Oakland, California
  • Pepperdine University - Malibu, California
  • Pitzer College - Claremont, California
  • Platt College - Los Angeles Alhambra, California
  • Platt College Ontario - Ontario, California
  • Platt College San Diego - San Diego, California
  • Point Loma Nazarene University - San Diego, California
  • Pomona College - Claremont, California
  • Porterville College - Porterville, California
  • Professional Golfers Career College Temecula, California
  • Providence Christian College - Pasadena, California
  • Reedley College - Reedley, California
  • Rio Hondo College - Whittier, California
  • Riverside City College - Riverside, California
  • Sacramento City College - Sacramento, California
  • Saddleback College - Mission Viejo, California
  • Sage College - Moreno Valley, California
  • Saint Marys College of California - Moraga, California
  • San Diego Christian College - El Cajon, California
  • San Diego City College - San Diego, California
  • San Diego Mesa College - San Diego, California
  • San Diego Miramar College - San Diego, California
  • San Diego State University - San Diego, California
  • San Diego State University Imperial Valley Campus - Calexico, California
  • San Francisco Art Institute - San Francisco, California
  • San Francisco Conservatory of Music - San Francisco, California
  • San Francisco State University - San Francisco, California
  • San Joaquin Delta College - Stockton, California
  • San Joaquin Valley College Bakersfield - Bakersfield, California
  • San Joaquin Valley College Fresno - Fresno, California
  • San Joaquin Valley College Fresno Aviation - Fresno, California
  • San Joaquin Valley College Hesperia - Hesperia, California
  • San Joaquin Valley College Modesto - Salida, California
  • San Joaquin Valley College Online - Visalia, California
  • San Joaquin Valley College Rancho Cordova - Rancho Cordova, California
  • San Joaquin Valley College Rancho Cucamonga - Rancho Cucamonga, California
  • San Joaquin Valley College Temecula - Temecula, California
  • San Joaquin Valley College Visalia - Visalia, California
  • San Jose City College - San Jose, California
  • San Jose State University - San Jose, California
  • Santa Ana College - Santa Ana, California
  • Santa Barbara Business College Bakersfield - Bakersfield, California
  • Santa Barbara Business College Santa Maria - Santa Maria, California
  • Santa Barbara Business College Ventura - Ventura, California
  • Santa Barbara City College - Santa Barbara, California
  • Santa Clara University - Santa Clara, California
  • Santa Monica College - Santa Monica, California
  • Santa Rosa Junior College - Santa Rosa, California
  • Santiago Canyon College - Orange, California
  • Scripps College - Claremont, California
  • Shasta Bible College and Graduate School - Redding, California
  • Shasta College - Redding, California
  • Sierra College - Rocklin, California
  • Simpson University - Redding, California
  • Skyline College - San Bruno, California
  • Soka University of America - Aliso Viejo, California
  • Solano Community College - Fairfield, California
  • Sonoma State University - Rohnert Park, California
  • Southern California Institute of Architecture - Los Angeles, California
  • Southern California Institute of Technology - Anaheim, California
  • Southern California Seminary - El Cajon, California
  • Southwestern College - Chula Vista, California
  • Stanford University - Stanford, California
  • SUM Bible College and Theological Seminary - Oakland, California
  • Taft College - Taft, California
  • Taft University System - Santa Ana, California
  • The Master's College and Seminary - Santa Clarita, California
  • The National Hispanic University - San Jose, California
  • Thomas Aquinas College - Santa Paula, California
  • Touro College Los Angeles - Los Angeles, California
  • Trident University International - Cypress, California
  • University of California Berkeley - Berkeley, California
  • University of California Davis - Davis, California
  • University of California Irvine - Irvine, California
  • University of California Los Angeles - Los Angeles, California
  • University of California Merced - Merced, California
  • University of California Riverside - Riverside, California
  • University of California San Diego - La Jolla, California
  • University of California Santa Barbara - Santa Barbara, California
  • University of California Santa Cruz - Santa Cruz, California
  • University of La Verne - La Verne, California
  • University of Phoenix Bay Area Campus - San Jose, California
  • University of Phoenix Central Valley Campus - Fresno, California
  • University of Phoenix Sacramento Valley Campus - Sacramento, California
  • University of Phoenix San Diego Campus - San Diego, California
  • University of Phoenix Southern California Campus Costa Mesa, California
  • University of Redlands - Redlands, California
  • University of San Diego - San Diego, California
  • University of San Francisco - San Francisco, California
  • University of Southern California - Los Angeles, California
  • University of the Pacific - Stockton, California
  • University of the West - Rosemead, California
  • Vanguard University of Southern California - Costa Mesa, California
  • Ventura College - Ventura, California
  • Victor Valley College Victorville, California
  • West Coast Ultrasound Institute - Beverly Hills, California
  • West Coast University Los Angeles - North Hollywood, California
  • West Coast University Ontario -  Ontario, California
  • West Coast University Orange County Anaheim, California
  • West Hills College Coalinga - Coalinga, California
  • West Hills College Lemoore - Lemoore, California
  • West Los Angeles College - Culver City, California
  • West Valley College - Saratoga, California
  • Westmont College - Santa Barbara, California
  • Whittier College - Whittier, California
  • William Jessup University - Rocklin, California
  • Woodbury University - Burbank, California
  • Woodland Community College - Woodland, California
  • World Mission University - Los Angeles, California
  • Yeshiva Ohr Elchonon Chabad West Coast Talmudical Seminary - Los Angeles, California
  • Yuba College - Marysville, California

We speak English, Russian, Armenian, and Spanish.

If you have one phone call from jail, call us! If you are facing criminal charges, DON'T talk to the police first. TALK TO US!

CALL TOLL-FREE
877-781-1570
Anytime 24/7

Menu