I’m pretty sure you’re already allowed a lawyer. Repeating you can have a lawyer twice doesn’t add anything, unless you can show their right to a lawyer was somehow being bypassed. Do we have cases of that?
I’m pretty sure you’re already allowed a lawyer. Repeating you can have a lawyer twice doesn’t add anything, unless you can show their right to a lawyer was somehow being bypassed. Do we have cases of that?
Yes. Under the “Dear Colleague” Obama-era guidance which later became official policy before Devos changed policy in 2018, Biden changed it mostly back to the Obama-era policy and Trump is now rolling it back to 2018.
Under the Obama-era policy (changed by Devos in 2018 and restored by Biden) schools were under no obligation to allow you to have a lawyer present. If you don’t believe me, here are two law offices selling their services pointing this out, written during the Biden admin:
As an initial matter, it is worth noting that schools differ significantly in terms of how they investigate Title IX sexual misconduct allegations. Not all schools provide students with their right to a hearing, for example, or even allow the parties to appeal the decision that their investigators ultimately reach.
Over the course of the investigation, you may not necessarily have access to a Title 9 attorney in the traditional sense. Simply put, the school may forbid each party from having an attorney directly represent them and speak on their behalf.
The short version is that the Obama-era and Biden-era policy is aimed at maximizing the number of men found liable without it being an obvious and utter farce while the Devos guidelines are about establishing a due process that makes an attempt to be fair.
Kinda. You only have a recognized right to a lawyer in criminal proceedings.
This right was bypassed by forcing schools to have separate hearing regarding being expelled where you not only did not have a right to a lawyer, but often not even the right to confront witnesses or examine evidence.
So the right to a fair trial was bypassed by creating a new tribunal that could not send you to prison (therefore not triggering constitutional protections), but still completely fuck up your life since now you are expelled from your school, unable to get into another one and still probably settled with student loans.
Was there a case where someone tried to bring in a lawyer to one of those hearings and was turned away? At that point though, I’d expect it to go straight to litigation, so I’d say were they turned away and immediately expelled. I’d almost expect the hearing to end and lawsuits to start.
I’m pretty sure you’re already allowed a lawyer. Repeating you can have a lawyer twice doesn’t add anything, unless you can show their right to a lawyer was somehow being bypassed. Do we have cases of that?
Yes. Under the “Dear Colleague” Obama-era guidance which later became official policy before Devos changed policy in 2018, Biden changed it mostly back to the Obama-era policy and Trump is now rolling it back to 2018.
Under the Obama-era policy (changed by Devos in 2018 and restored by Biden) schools were under no obligation to allow you to have a lawyer present. If you don’t believe me, here are two law offices selling their services pointing this out, written during the Biden admin:
https://www.jasonenglishlaw.com/title-ix-lawsuit-guide
https://www.binnall.com/title-ix-defense/what-to-expect-in-a-title-ix-proceeding/
The short version is that the Obama-era and Biden-era policy is aimed at maximizing the number of men found liable without it being an obvious and utter farce while the Devos guidelines are about establishing a due process that makes an attempt to be fair.
Kinda. You only have a recognized right to a lawyer in criminal proceedings.
This right was bypassed by forcing schools to have separate hearing regarding being expelled where you not only did not have a right to a lawyer, but often not even the right to confront witnesses or examine evidence.
So the right to a fair trial was bypassed by creating a new tribunal that could not send you to prison (therefore not triggering constitutional protections), but still completely fuck up your life since now you are expelled from your school, unable to get into another one and still probably settled with student loans.
Was there a case where someone tried to bring in a lawyer to one of those hearings and was turned away? At that point though, I’d expect it to go straight to litigation, so I’d say were they turned away and immediately expelled. I’d almost expect the hearing to end and lawsuits to start.