While it is quite normal for parents to stand beside their child who has been accused of Title IX violation, there are often limitations imposed by the school policies regarding parent involvement. Therefore what the parents can best do to help their child is to hire an education lawyer for high school students who, with the right guidance and advice, help the student prepare for the hearings and collect relevant evidence that would prove beneficial to the case proceedings.
Difference Between A Report And A Formal Complaint:
Commencement of an on-campus Title IX case considers two phases, the first one is filing a report which is an informal one, and the other is a formal complaint. One can submit this formal complaint in an electronic or written form signed by the complainant and filed with the Title IX coordinator of the respective institution. As per the allowance of federal law, anyone can submit a report. Therefore a parent may file a report of sexual misconduct but not a formal complaint.
Why Can’t Parents File A Title IX Complaint On Behalf Of A College Student?
Generally, the policies of the educational institution which a student needs to agree and abide by will state that it is only the student to whom the institution owes responsibility and not the parent, therefor the involvement of a parent in a Title IX case would not be entertained by the Title IX office. This is enough to understand that a parent would not be allowed to file an official complaint on behalf of the student.
However, there are other specifications of the institution’s policies regarding the involvement of the parent in a Title IX case, about which one must be knowledgeable. These include:
- The institution’s Title IX coordinator needs permission from the student before speaking with their parents regarding the case.
- A release form needs to be signed by the parent before a representative of the institution wants to speak with them regarding the investigation procedure of a Title IX case.
- During a Title IX hearing, a parent can serve as an advisor.
However, although a parent is allowed to serve as an advisor for the accused per the institution’s policies, such policies also restrict the involvement of an advisor to only one. Therefore, the student will not be able to seek help from any other experienced attorney in such cases.