Search Site
IBC Centre, 130 East Travis Street, Suite #425 | San Antonio, TX 78205

Defenses to Raise Against Title IX Sexual Misconduct Allegations

Sexual harassment and sexual assault are problems throughout society, including on college campuses. Title IX of the federal Civil Rights Act prohibits gender-based misconduct at federally funded institutions of higher learning. However, accusations of sexual misconduct sometimes result from misunderstandings and false accusations, which can ruin the reputations and careers of the students accused.

Title IX requires institutions within its coverage to have a process in place to investigate allegations of such as gender-based harassment, assault or stalking and to take disciplinary measures when such misconduct is found. The Title IX investigation should be prompt, fair and impartial. Both parties should have equal rights to participate, to have an advisor present at all meetings and hearings and to present witnesses and evidence in their favor.

If you’re accused of sexual misconduct in a Title IX case, there may be several avenues of defense available to you. You can demonstrate that the alleged incident did not occur or did not happen the way the complaint described it. If the complaint alleges a pattern of behavior amounting to harassment, one can show that the individual actions were not misconduct in themselves. You can further present evidence of benign motivations for your actions, thereby showing a lack of intent to commit misconduct.

You may challenge the credibility of the accuser by presenting witnesses and evidence that contradict them. You may point out inconsistencies in the accusations and any motive that your accuser may have to lie or to exaggerate.

You also may be able to make a case that what you did doesn’t merit discipline. You might be able to show that:

  • You did not realize or have reason to believe that you were engaging in sexual misconduct
  • The accuser consented or appeared to consent to your actions
  • You normally behave in a proper manner and the misconduct was an aberration

You can also present witnesses and evidence supporting your good character and history of good behavior.

An experienced Title IX defense attorney can represent you throughout the proceeding, arguing your defenses as effectively as possible.

Kevin L. Collins, P.C. in San Antonio provides representation to students in Title IX proceedings at colleges and other higher-learning institutions throughout south central Texas. Call us at 210-598-8629 or contact us online to schedule a consultation.

COVID-19 Notice
We are here to help and support you through these generally challenging times with your specific legal issues. You will be able to reach me or my staff through our main telephone numbers, and of course by email: [email protected]. Phone conferences for existing and potential clients are available, as is the video conference feature through the Zoom app. Zoom may present some privacy challenges so phone conferences are preferred. Please take care of your health by following the measures recommended by the CDC, and by state and local authorities.
Firm Recognition
  • Super Lawyers
    Best Law Firms 2021
  • Three Best Rated
  • ThreeBest Rated
Client Reviews
  • google

    Bexar County is a very challenging and difficult judicial system to work with. The prosecutors struggle with staffing shortages and the judges are overloaded with cases. This makes it very difficult to do anything with a case in a timely manner. Mr. ...

    Read more

    Andy Mullen

  • google

    I truly appreciate that Mr. Collins was straight forward and kept me informed every step of the way. He was willing to go the extra mile to help build a strong case, but kept me level headed throughout the process. He was open with the fact that the ...

    Read more

    Brie Wrinkle

  • google

    Words cannot truly describe how amazing this attorney is . Great sense of professionalism and work ethic to say the least . Not only that he understands the law inside and out, and will put you first . Would highly advise to choose him as your attorn...

    Read more

    Gustavo Gomez

  • google

    Kevin Collins represented me in a D.V. case. Dismissal. His preparation and intellect are remarkable. He's a league above his peers and competion. Follow his instructions and heed his advice. Not many people are built for this type of work. Kevin Col...

    Read more

    Warren B.

  • google

    Kevin Collins is by far the best man for the job. Almost immediately as I talk to him on the phon I felt calm and reassuring. He started the process and handled it, very efficient and got the job done. He also responds to my calls very quickly and ke...

    Read more

    Aretha Jones

See all reviews
Case Results
State of Texas v. J.T. Furnishing Alcohol to a minor dismissed after start of trial despite death caused by accident
View All
Contact us

Quick Contact Form