Being Investigated for a Title IX Violation?

Student Code of Conduct & Title IX Proceedings

Attorney Aaron O’Brien has served as an Advisor to students and faculty at Florida Gulf Coast University, Florida Southwestern State College, Lynn University, Ave Maria University, and other colleges and universities in Student Code of Conduct hearings, disciplinary matters, and Title IX investigations.

A finding of responsibility can result in probation, suspension, loss of housing or other privileges, or even permanent expulsion from the college or university. Depending upon the allegations, the same conduct may also result in a civil lawsuit, an Injunction for Protection, or a criminal investigation or prosecution.

Take it seriously.

Accused of Violating a Student Code of Conduct?

Students understandably want to explain their side of the story as soon as they receive an accusation.  But an angry, defensive, overly detailed, or poorly considered response can make matters worse.

Take the time to understand exactly what you are accused of doing, what provisions of the Student Code of Conduct you allegedly violated, and what the University’s procedures require of you.

Attorney Aaron O’Brien can review the allegations with you, help identify the important facts and evidence, and assist you in formulating and drafting your response to the University. 

Florida Gulf Coast University students and other college students accused of violating the Student Code of Conduct are entitled to a Formal Hearing.  Students are also typically permitted to have an advisor of their choice assist them throughout the disciplinary process and attend the hearing. 

FGCU Student Code of Conduct proceedings can be heard before either a Hearing Officer or before a Student Conduct Committee. 

As Student Advisor, Attorney Aaron O’Brien can assist the “Charged Student” in understanding the rules and procedure; helping to collecting and preserving evidence,; , determining evidence should be presented;  preparing his or her statement or testimony; identifying and preparing witnesses; formulating questions for the complainant, referred to at FGCU as the “impacted person”; and prepare for the hearing.

Mr. O’Brien can also attend the hearing, assist the student throughout the proceeding, and help ensure that the University follows its own rules.

Do not assume you can simply show up at the hearing and explain what happened.

You must be properly prepared.

Aaron O’Brien can help you prepare by reviewing the allegations and applicable university policies.  He can help you draft statements and responses, identify and prepare witnesses, formulate questions, and identify procedural and evidentiary issues.

In certain matters, he can cross-examine witnesses on your behalf.

The Standard of Proof Is Not “Beyond a Reasonable Doubt”

While the rules at Student Code of Conduct hearings have gotten significantly better in recent years, the burden of proof is still relatively low. 

FGCU currently describes the standard as a ‘preponderance of the evidence.’  Its prior Code used the phrase ‘preponderance of the information.’  Either way, the essential question is whether it is ‘more likely than not’ that the alleged conduct occurred.

That is a considerably different standard from the “beyond a reasonable doubt” standard required for a criminal conviction.

Evidence collection can be critical.  Text messages, Snapchat messages, and other social-media communications, photos, and videos may make or break the case.

What happened immediately before and after the alleged incident can dramatically alter the outcome.  Preserve that evidence before it disappears.

An Advisor Should Do More Than Sit Next to You

The role a Student-Advisor is permitted to play during a university proceeding depends upon the school’s rules and the particular type of proceeding.

But effective representation begins well before the hearing.

Aaron O’Brien can review the allegations and applicable university policies, identify procedural and evidentiary issues, help preserve favorable evidence, prepare the student for investigative interviews and hearings, assist in preparing statements and responses, identify and prepare witnesses, formulate questions, attend proceedings when permitted, and help the student evaluate how the university matter may affect any related criminal or civil case.

Mr. O’Brien has represented and advised students in disciplinary and Title IX matters at Florida Gulf Coast University and other colleges and universities.

Title IX and Sexual Misconduct Allegations

Allegations of sexual assault, sexual harassment, sexual misconduct, or other sex-based misconduct can present some of the most serious university disciplinary proceedings.

Attorney Aaron O’Brien assists students and faculty facing these allegations at Florida Gulf Coast University, Florida SouthWestern State College, Lynn University, Ave Maria University, and other colleges and universities.

In a Title IX investigation, the accused student or faculty member will be asked to participate in an investigative interview.  Do not treat an interview with a the investigator as a casual conversation.

Your preparation for this is extremely important. 

Attorney Aaron O’Brien can review the allegations with you, help identify the important facts and evidence, and assist you in formulating and drafting your statement to the Title IX investigator.

Not every matter requires Mr. O’Brien to formally appear as the student’s attorney-advisor.

In some cases, Mr. O’Brien works with the accused party behind the scenes—reviewing the allegations and evidence, explaining the procedures, and helping draft their statement – all without formally notifying the University.

In other matters, he does all of the above but also attends interviews and hearings as Student-advisor and participates to the extent permitted by the University’s rules.

Attorney Aaron O’Brien assists students and faculty facing allegations of sexual assault, sexual harassment, sexual misconduct or gender-based discrimination under Title IX before the Office of Institutional Equity and Compliance, Title IX Coordinator at Florida Gulf Coast University, Florida Southwestern State College, Lynn University, Ave Maria, and elsewhere.

These investigations are extremely important.  The student or target of the investigation will be asked to provide a statement, participate in an interview, respond to investigative findings, attend a hearing, or some combination of these procedures depending upon the institution and applicable rules.

Do not treat an interview with a university investigator as a casual conversation.

You must be fully prepared for it.  Attorney Aaron O’Brien can help you do that.

If you or someone you know is a Florida Gulf Coast University student facing Title IX or disciplinary proceedings, contact Attorney Aaron O’Brien right away.

Don’t Wait!

A student may receive an email notifying him or her of an allegation and, within a relatively short period, be expected to meet with an investigator, provide a response, identify witnesses, submit evidence, or appear for a hearing.

If you or your child is a college or university student facing a Student Code of Conduct proceeding, Title IX investigation, or allegations of serious misconduct, contact Attorney Aaron O’Brien as early in the process as possible.