Oakland University Title IX Policy

Located in Auburn Hills and Rochester Hills, Michigan, Oakland University is a public research college with a total enrollment of over 20,000 students. Although it is a relatively new institution, Oakland University is one of the many schools in Michigan that receives funding from the federal government. In exchange for such financing, Oakland University must fulfill certain obligations, including the duty to create and enforce a Title IX policy. Pursuant to the policy, parties who engage in sexual misconduct at Oakland University may not only face criminal prosecution but may have to undergo the Title IX grievance process. If you attend Oakland University and were recently accused of engaging in sexual harassment in violation of the Oakland University Title IX Policy, it is wise to speak to an attorney about your options. Sam Bernstein of ArborYpsi Law is an Ann Arbor criminal defense lawyer dedicated to helping people protect their interests in Title IX investigations and hearings, and if you engage his services, he will diligently pursue the best outcome available under the facts of your case.

Title IX of the Education Amendments of 1972, commonly known as Title IX, is a federal civil rights law that bars learning institutions that receive federal funds from engaging in sex-based discrimination. The courts have interpreted Title IX to prohibit not only unequal gender-based treatment but also any other behavior that negatively impacts or limits an individual’s educational opportunities. Under the Oakland University Title IX policy, this includes sexual misconduct, sexual assault, sexual harassment, and domestic and dating violence. Oakland University’s Title IX coordinator and deputy coordinator respond to and investigate all allegations of sexual misconduct.

If a complainant files a formal complaint with the Title IX coordinator, the Title IX coordinator will conduct an initial assessment. If the complainant prefers a formal investigation and the alleged conduct falls under the scope of Title IX, the Title IX coordinator will initiate the grievance process.

The coordinator must provide the respondent, or person accused of sexual misconduct, written notice of the allegations and investigation. The notice must include a meaningful summary of the allegations, including the identities of the parties involved, the exact conduct that allegedly occurred, and the dates and locations of the incident. The notice must also advise the respondent that they are not deemed responsible for the alleged misconduct until the evidence proves otherwise and that they have the right to have an advisor present during proceedings. The advisor does not need to be an attorney, but generally, it is smart for people involved in Title IX to have legal representation to safeguard their rights.

Throughout the investigation, the respondent has the opportunity to submit evidence and information in their favor, review any evidence on the record, identify witnesses with pertinent information, and submit questions they believe the investigator should pose to the other party or witnesses. The investigator will then issue a draft investigative report to the parties. The parties will have ten days to review the draft report and submit any other evidence they believe is relevant. The investigator will review any additional evidence offered, after which a final report will be issued to the parties and their advisors. Finally, a hearing will be conducted during which the parties will be given an opportunity to cross-examine one another and any witnesses. After the hearing, the decision-makers will confer to determine if the preponderance of the evidence shows the respondent is responsible for the alleged misconduct and will issue a written determination.

Title IX proceedings do not carry the same consequences as criminal trials, but they can nonetheless permanently harm a person’s reputation and liberties, and it is advisable for anyone accused of violating the Oakland University Title IX Policy to confer with a lawyer promptly. Sam Bernstein of ArborYpsi Law is a capable Ann Arbor criminal defense attorney, and if another party alleged that you violated Oakland University’s Title IX Policy, he can assess the circumstances surrounding the allegations against you and advise you of your options for seeking a favorable result. We have an office in Ann Arbor, and we routinely represent parties accused of crimes and sexual harassment throughout Michigan, including cities in Ann Arbor, East Lansing, Dearborn, and Flint. You can reach us through our form online or by calling us at (734) 883-9584 to set up a confidential and free conference.