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The Basics of Title IX

By Los Angeles Criminal Defense Attorney on October 28, 2019

Title IX investigations are often presented as neutral administrative proceedings. In reality, they can feel more like fast-moving prosecutions where the outcome is predetermined and the accused student or faculty member is left scrambling to protect their future.

The experienced Los Angeles Title IX defense attorneys at Werksman Jackson & Quinn LLP, regularly represent students and professionals facing Title IX allegations in Los Angeles and throughout California.

Our attorneys understand that these cases are not just about school discipline. They are about reputations, careers, immigration status, and in some cases, future criminal exposure. When the system is tilted against the accused, strong advocacy matters.

Our legal team has put together this guide to explain some of the most common ways Title IX systems places defendants at a disadvantage.

Your Title IX Defense Starts Here

Contact Werksman Jackson & Quinn LLP at (213) 688-0460 to protect your education and your future with experienced legal counsel.

What Is Title IX?

Title IX is a federal civil rights law enacted in 1972 to prohibit sex-based discrimination in education programs that receive federal funding. While the law was originally designed to promote equal access to education, it has evolved into a framework used by colleges and universities to investigate allegations of sexual misconduct, dating violence, harassment, and related claims.

Under Title IX, schools are required to respond to complaints and conduct investigations. These investigations can result in serious disciplinary actions, including suspension, expulsion, termination of employment, or permanent marks on academic records.

Unlike criminal cases, Title IX proceedings are handled internally by educational institutions. That distinction is critical because schools are not courts, and the people running these investigations are not judges or juries.

Why Title IX Is Unfair to Defendants

Although Title IX proceedings are often described as fair and balanced, the structure of the process frequently disadvantages the accused from the very start.

Universities face intense public, political, and financial pressure to demonstrate that they take allegations seriously. That pressure can influence how investigations are conducted and how outcomes are reached.

Low Burden of Proof

Many schools use a “preponderance of the evidence” standard, which means a finding can be made if the decision-maker believes there is just over a 50 percent likelihood that misconduct occurred.

This is a dramatically lower standard than the “beyond a reasonable doubt” requirement used in criminal cases. As a result, life-altering consequences can be imposed based on limited or conflicting information.

Lack of Due Process

Title IX proceedings do not offer the same procedural safeguards found in the criminal justice system. Defendants often face vague allegations, shifting timelines, and unclear rules about what evidence will be considered.

In many cases, policies are written by the institution and applied inconsistently, leaving the accused without meaningful protections.

Untrained Investigators

Title IX investigators are frequently school employees or outside contractors with limited training in credibility assessment, evidence evaluation, or trauma-informed interviewing.

These investigators may have little experience handling complex factual disputes, yet they are tasked with making findings that can permanently alter someone’s future.

No Right to Counsel

In many Title IX proceedings, the accused is not permitted to have an attorney actively participate. Lawyers may be allowed to sit silently or provide advice outside the hearing room, but they are often barred from questioning witnesses or addressing decision-makers directly.

The Single-Investigator Model

Some schools use a single-investigator model, where one individual acts as investigator, fact-finder, and decision-maker. This concentration of power eliminates checks and balances and increases the risk of bias.

When one person controls every stage of the process, it becomes extremely difficult to challenge flawed assumptions or incorrect conclusions.

The Rush to Judgment

Title IX timelines are often compressed in the name of efficiency. While speed may benefit institutions, it can severely harm defendants who need time to gather evidence, identify witnesses, and respond to allegations. A rushed process increases the likelihood of mistakes and incomplete investigations.

Limited Access to Evidence

Defendants may not receive full access to the evidence against them. Important materials such as witness statements, electronic communications, or investigative notes may be summarized rather than disclosed in full. This is one more example of how Title IX denies due process.

The Automatic Presumption of Guilt

Despite official language about neutrality, many Title IX systems operate under an unspoken presumption that an accusation equals wrongdoing. Defendants may feel they are trying to prove innocence rather than responding to evidence. This imbalance undermines the concept of a fair process.

Harsh Consequences

The consequences of an adverse Title IX finding extend far beyond campus discipline. Students may lose scholarships, housing, and future educational opportunities. Faculty members and professionals may face termination and damage to their careers. Even when no criminal charges are filed, the fallout can last for years.

The Process Is Subject to Political Swings

Title IX regulations and enforcement priorities change with different federal administrations. What is permitted under one set of rules may be prohibited under another. This instability creates confusion and inconsistency, leaving defendants unsure of their rights and schools unsure of their obligations.

The High Risk of False Allegations

False or exaggerated allegations frequently occur in Title IX cases. They may stem from misunderstandings, relationship disputes, academic conflicts, or external pressures. Title IX systems are often ill-equipped to identify false claims, especially when investigators lack training or operate under institutional pressure to reach certain outcomes.

How Werksman Jackson & Quinn LLP Helps Title IX Defendants

Our firm approaches Title IX cases with the same seriousness and preparation we bring to criminal defense matters. We understand how early decisions can shape the outcome and how statements made in school proceedings can later be used elsewhere.

We assist clients by:

• Preparing them for interviews and hearings
• Identifying weaknesses and inconsistencies in the allegations
• Challenging procedural violations
• Advocating for fair treatment throughout the process
• Coordinating strategy when criminal investigations are also involved

Our attorneys know how institutions operate and how to hold them accountable to their own rules.

Do Not Face Title IX Alone

Early legal guidance could change the outcome of your case. Call (213) 688-0460 to learn more today.

Why Choose Us Over Other Los Angeles Title IX Defense Lawyers

Not all Title IX defense lawyers bring the same depth of experience or courtroom perspective. Werksman Jackson & Quinn LLP has a well-earned reputation for defending clients in the most high-stakes matters imaginable, including complex criminal and white-collar cases. That same approach carries over into Title IX representation.

Our firm’s distinctions include:

• Founded in 1994 with a long history of high-profile defense work, including complex and high-stakes cases
• A nationally recognized criminal defense firm based in Los Angeles, serving clients across California and beyond
• AV rating from Martindale-Hubbell, reflecting the highest standards of legal ability and ethics
• Repeated recognition by Super Lawyers based on peer reviews and independent research
• A team-based approach; clients benefit from the combined strength of the entire firm at every stage of the legal process
• Extensive experience handling Title IX cases involving students, faculty members, and professionals, with sensitivity to academic and career consequences

What Clients Are Saying About Us

Fantastic defense attorney- Alex B. (5-Star Avvo Review)

Fantastic defense attorney. Alan Jackson is an incredibly skilled and seasoned attorney. He has passion for his clients and the law and you would be a fool not to hire him.

Highly recommend!!! -Anonymous (5-Star Avvo Review)

Best attorney to help with my case! He will fight for you all the way. I trusted him with my case and his team to assist me. Will go above and beyond to win and defend you. Highly recommend!!!

Case Results

Court Orders Reinstate of Student Unfairly Accused of Stalking and Harassment

A Werksman Jackson & Quinn LLP attorney and his team handled the case of John Doe, a student at the University of California, Santa Barbara, who in 2016 was accused of stalking and harassing a fellow student in a faulty Title IX investigation. Though the Santa Barbara Sheriff’s Department yielded no evidence that John Doe was to blame, the accuser filed a Title IX complaint against him. UC Santa Barbara’s Title IX investigator decided it was “more likely than not” that the accuser’s complaint was true. The college expelled John Doe when he was one semester shy of completing his degree. He appealed the decision to UC Santa Barbara’s Interpersonal Violence Appeal Review Committee, which denied his appeal. He then filed a complaint in Santa Barbara Superior Court, arguing that the Title IX decision was not supported by the evidence. In January 2018, the superior court judge entered a judgment in favor of John Doe, requiring UC Santa Barbara to hold a new hearing. The court also found there was a chance the investigator was not unbiased. However, the university failed to comply, and the Regents of UC Santa Barbara were found in contempt of court for violating the order. The court ordered John Doe reinstated into the university.

School’s Decision Overturned; $130,000 Judgment Against the College

A Werksman Jackson & Quinn LLP attorney and his team received a judgment of $130,000 in attorneys’ fees on behalf of his client, a Pomona College student accused in a faulty Title IX administrative process. As the court set aside Pomona College’s Title IX decision against the student, they found that the college had allowed the complaining student to answer questions in advance in writing, and didn’t require her to attend the campus hearing to allow the accused to pose questions to her. Due process denied, the court overturned Pomona College’s decision and ordered them to pay the accused student’s attorneys’ fees.

Speak With an Experienced Los Angeles Title IX Defense Attorney Today

The criminal defense attorneys at Werksman Jackson & Quinn LLP are tenacious, proven, and prepared to stand between you and an unfair system.

Call (213) 688-0460 today to discuss your Title IX matter and find out what we can do to protect your future.

Frequently Asked Questions

What is a Title IX investigation?

A Title IX investigation is an internal process conducted by a college or university to respond to allegations involving sexual misconduct, harassment, dating violence, or related claims. These investigations are handled by the school, not a criminal court, but they can still lead to suspension, expulsion, or termination and long-term damage to a person’s future.

Do I need a lawyer for a Title IX case if it is not criminal?

Yes. Even though Title IX cases are administrative, the consequences can be severe and permanent. Statements made during a school investigation can also be shared with law enforcement or used later in criminal proceedings. Having a defense lawyer helps protect your rights and prevents missteps that can harm your case.

When should I contact a Title IX defense lawyer?

You should contact a lawyer as soon as you learn you are under investigation or believe a complaint may be filed. Early involvement allows an attorney to guide communications, prepare you for interviews, and address procedural issues before they affect the outcome.

Can a Title IX case affect my future career or education?

Yes. A negative finding can impact graduate school admissions, professional licensing, employment opportunities, and background checks. Even if you are not criminally charged, the record of a Title IX action can follow you long after the case ends.

Will I be allowed to see the evidence against me?

Access to evidence varies by school and is often limited. Some institutions provide only summaries rather than full documentation. A Title IX defense lawyer can push for proper disclosure and identify when the school is not following its own policies.

Can my attorney speak for me during a Title IX hearing?

Many schools restrict the role of attorneys during hearings, sometimes limiting them to an advisory role. Even with those limits, having a lawyer behind the scenes is critical for preparing responses, cross-examination questions, and strategy.

What if the allegation against me is false?

False or exaggerated allegations do occur. A strong defense focuses on inconsistencies, credibility issues, motive, and missing evidence. Werksman Jackson & Quinn LLP approaches these cases with careful investigation and a strategic challenge to flawed assumptions.

How long does a Title IX investigation usually take?

Timelines vary, but many schools impose strict deadlines that can move cases quickly. Rushed investigations often favor the institution, not the accused. Legal guidance helps ensure you are not pressured into statements or decisions before you are ready.

Can a Title IX case lead to criminal charges?

Yes. Information gathered during a Title IX investigation may be shared with law enforcement or prompt a separate criminal inquiry. This is why it is critical to approach the school process with the same caution as a criminal matter.

Why choose Werksman Jackson & Quinn LLP for Title IX defense?

Werksman Jackson & Quinn LLP brings the perspective of seasoned criminal defense attorneys to Title IX cases. With former prosecutors on the team and decades of experience handling high-stakes investigations, the firm understands how to challenge unfair processes and protect clients when their future is on the line.

About Our Law Firm

Werksman Jackson & Quinn LLP is a nationally recognized criminal defense law firm based in Los Angeles, known for handling the most serious, complex, and high-profile cases in California and across the country.

Founded in 1994, the firm has built its reputation on relentless preparation, strategic precision, and results in matters where reputations, careers, and freedom are on the line. Founding partner Mark J. Werksman, a former Deputy District Attorney and Assistant United States Attorney, brings decades of experience in trial and appellate advocacy in some of the most challenging criminal matters.

Partner Alan Jackson, a former Assistant Head Deputy of the Major Crimes Division at the Los Angeles County District Attorney’s Office, offers invaluable insight from having prosecuted the most serious felony cases before dedicating his career to defense. This team-based approach allows us to anticipate how investigations unfold, how decision-makers think, and where weaknesses exist in the opposing side’s case.

From the first consultation through resolution, our priority is clear: protecting our clients and their future with skill, determination, and unwavering advocacy. Partner Kelly Quinn, an experienced criminal defense attorney, is known for strategic, client-focused representation in high-stakes matters, ensuring that every client receives meticulous attention and a strong, unified defense.

Our firm is defined by depth of experience and strength in numbers. Clients are not relying on a single attorney; they are backed by a collaborative team of seasoned trial lawyers who work together on every case.