A major heartbreaking situation in life is when your child is accused of sexual misconduct charges. Whether in college, school, or the workplace, when you learn about such allegations against your child, most people tend to break down emotionally. Of these situations, sexual allegations in the workplace are the most crucial one.
If your kid is facing a sexual allegation or Title IX charge in high school, it is always best to take the help of a high school Title IX lawyer to handle the case and advice you on every step of the case. Click here for more help.
Even though Title IX cases in high schools and colleges are conducted, investigated, and heard by a disciplinary committee appointed by the coordinator of the case, the Title IX charges should be viewed very seriously by the parents of an accused student.
Fundamental Rights of an Accused
Right to be treated normally and at par with other students
While an accusation can certainly cause people to look at your child differently and assume things about them, remember that they have the right to be treated equally as other students until proven guilty. No student, teacher, principal, or any other person at school is allowed to discriminate against your child only because of their charges.
Right to be treated as innocent until proven guilty of the charges
Until the other party or the investigation team has gathered solid evidence indicating your child’s guilt, your child has the right to be presumed innocent. Remember that you are innocent until proven guilty. The mere act of accusing someone of a crime does not automatically make them a criminal.
Right to choose an attorney to defend your case
The US constitution gives your child the right to protect and defend themself when they get accused of a crime. This applies in cases that happen at schools too. You can hire an attorney for your child that specializes in cases like these so your child can have a better shot at clearing their name and returning to school as soon as possible.
Right to know who has raised the allegation
You, your child, and their attorney have the right to know who has made the allegations or accusations. You also have the right to know exactly what the allegations are with as much detail as possible. This is because, in order to contest the allegations, you will need to know what you are being accused of. Only then can your attorney initiate the process of gathering evidence that disproves the allegations.
Right to make sure the investigation is going on properly
Once the coordinator of the case appoints an investigator, you have the right to ask your attorney to make sure that the interrogation and evidence gathering is carried out in a prescribed manner without any unnecessary interventions. They should also ensure that the process does not involve any unethical means or intentions.
Your attorney has the right to ask relevant questions to the complainant
As in any other legal case, your attorney has the right to ask as many relevant questions to the complainant as they wish, and the latter needs to answer them truthfully. During this time, your attorney will ask for details and try to find contradictions or faults in their statements to prove your innocence.
You may think you may be able to do it without an attorney’s help. However, the process requires professional listening and comprehension skills. You need to hear everything that comes out of the other party’s mouth word by word and try to find faults between the lines. Inexperienced people often overlook what professionals do not.
These are some of the fundamental rights of an accused. As parents, one of the best things you can do for your child is hire an attorney who can explain these rights to them and represent them to protect their future.
Tips for Helping Your Child During This Difficult Time
As parents of the accused, what you can do the best is provide moral and mental support to the ward. Also, arranging an attorney who has relevant experience handling delicate sexual misconduct cases is something you can do for your child.
However, there are other ways you can help your child, too, other than finding a good attorney for them. A legal case can scare even a grown-up adult, and your child may still be a minor. They may be scared about their future, education, and career. In these times, it is important not to blame them or scold them for what has already happened. Instead, what they need right now is moral support from you.
Here are a few ways you can provide support to your child during a legal case.
Listen to their side of the story
Listening is one of the most helpful things you can do for your child. When accused of a crime, a person does not usually have many people to talk to as they think every one must be thinking badly of them. You must ensure your child that you are willing to hear their side of the story and that you believe them. Sharing their feelings and fears with you can help them calm down.
Help them express
Children do not easily express what is going on in their minds. They may talk to you, but you may still not completely understand their feelings and emotions. It is essential to constantly use comforting words to tell them that you are a safe person to talk to. You should also give your child more time to get comfortable with the idea of expressing their feelings to you and not pressure them into saying things on the first day.
It is of supreme priority to teach your kids the importance of consent in today’s world. If you believe that your child has been accused of Title IX without proper investigation or using a preponderance of circumstantial evidence, then you have full right to contest the case with dignity and win it over with the help of the most eligible title IX attorney in the country.