Being accused of a Title IX violation, such as sexual assault, harassment, or stalking, can trigger severe consequences including suspension, expulsion, and even criminal charges. Students facing these allegations may also suffer long-term damage to their academic standing, career prospects, and personal reputation. Because of the severity of these offenses, it is critical for anyone accused under Title IX to speak with a criminal defense lawyer immediately. Delays or missteps early in the process can have lasting effects. Title IX (also referred to as “Title 9”) proceedings are complex, with strict procedures and little margin for error.
Nebraska Title IX Defense Lawyer
Accused individuals need someone who will aggressively defend their rights and take the matter as seriously as the schools do. Liberty Law Group defends college students accused of sex crimes in state or federal court as well as Title IX violations with a university. In the sections that follow, Title IX defense lawyers at Liberty Law Group explain what individuals need to understand about Title IX allegations, how they arise, what the process involves, and the steps necessary to build a strong defense.
Overview of Title IX Violations in Nebraska
- What Title IX Is and How It Affects College Students in Nebraska
- When a Title IX Investigation Can Begin
- Sexual Harassment Under Title IX in Nebraska
- What Happens After a Title IX Report
- Rights of Students Accused of Sexual Misconduct
- What to Expect at a Title IX Hearing
- Possible Penalties and Long-Term Effects
- Differences Between School and Criminal Investigations
- How a Criminal Defense Lawyer Can Help
- Colleges in Nebraska That Must Follow Title IX
- Frequently Asked Questions
- Resources
What Title IX Is and How It Affects College Students in Nebraska
Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) prohibits any form of sex discrimination in schools that receive federal money. It applies to public and private colleges in Nebraska, including large schools in Lincoln and Omaha. The law covers all areas of campus life, from classrooms and athletics to dorms, student groups, and school events.
This law protects students, employees, and faculty of all genders, including men, women, transgender, and nonbinary people. It also covers sexual orientation, pregnancy, and gender identity. The U.S. Department of Education’s Office for Civil Rights (OCR) enforces Title IX and investigates complaints when schools do not follow the law.
While Title IX focuses on education, it is not the same as a criminal law. Schools can investigate a student even if the police have not charged them. Title IX uses a lower standard of proof, “more likely than not”, compared to the “beyond a reasonable doubt” standard in criminal trials. That means a student may be found responsible under Title IX even if they are never charged with a crime.
When a Title IX Investigation Can Begin
Colleges in Nebraska may investigate students for a range of sexual behaviors that interfere with another person’s education. These include sexual harassment, sexual assault, stalking, dating or domestic violence, and sexual exploitation. The federal laws behind these definitions include the Clery Act (20 U.S.C. § 1092(f)) and the Violence Against Women Act (34 U.S.C. § 12291).
Examples of these violations include recording someone during sexual activity without permission, spreading intimate photos, stalking, or continuing unwanted advances. Sexual exploitation may involve voyeurism or exposing someone to a sexually transmitted disease without telling them.
To qualify under Title IX, the behavior must be unwelcome, serious, and offensive enough to affect someone’s ability to take part in school programs. The legal definition comes from 34 C.F.R. § 106.30. Schools in Nebraska use this standard to decide when to take action.
Title IX only applies to conduct that happens within a school’s control. This means classrooms, dorms, sports fields, school-sponsored events, and fraternity or sorority houses. If the misconduct happens off-campus or outside the United States, the school may still act under its general code of conduct, but it may not treat the case as a Title IX matter.
Sexual Harassment Under Title IX in Nebraska
Under federal and school policies, sexual harassment can take several forms. First, it includes quid pro quo conduct, where someone in authority—such as a professor—offers benefits like grades or access to programs in exchange for sexual acts. This is considered harassment even if it happens just once.
Second, sexual harassment includes unwelcome conduct that is so serious and widespread that it prevents someone from accessing their education. This could be repeated sexual comments, stalking, or other behavior that interferes with campus life.
Third, Title IX includes acts of sexual assault, dating violence, domestic violence, stalking, and rape. Dating or domestic violence refers to harm or threats between partners. Stalking involves ongoing unwanted attention that causes fear or emotional distress.
Not every behavior falls under Title IX’s definition of harassment. If the conduct doesn’t meet the federal standard, schools may still use their own student conduct policies to address it. For example, a Nebraska college may discipline behavior that occurs off-campus or internationally even if it does not meet the legal definition under Title IX.
What Happens After a Title IX Report
The school must act when someone in authority learns of possible harassment. This is called having “actual knowledge.” Reports can be made in many ways, including in person, by email, or anonymously. Once the school receives the report, it must respond quickly, even if the person reporting doesn’t want to file a formal complaint.
Under 34 C.F.R. § 106.8, all schools that receive federal funds must appoint a Title IX Coordinator. That person handles all Title IX-related matters, including helping students understand their rights, arranging support, and making sure school policies follow federal law.
Sometimes the school may offer informal resolution, such as mediation. But both parties must agree in writing. This is not allowed when a student accuses an employee. If informal resolution fails or isn’t an option, the school must begin a formal process that includes investigation and a hearing, as required by 34 C.F.R. § 106.45.
Rights of Students Accused of Sexual Misconduct
Students accused of Title IX violations are presumed not responsible until proven otherwise. This is written into federal law at 34 C.F.R. § 106.45(b)(1)(iv) and is followed by Nebraska institutions. The school must prove its case, not the student.
Accused students have the right to receive written notice of the allegations. The notice must include the names of those involved, the dates and locations of the alleged conduct, and a description of the behavior. This gives the student time to respond and prepare.
Students also have the right to choose an advisor to help during the process. This person can be a criminal defense attorney or another representative. Advisors may attend all meetings and are allowed to question witnesses during the hearing, as required under federal rules.
Both the person making the report and the person accused have the right to present evidence and witnesses. Investigators must be trained to fairly examine all evidence and remain neutral. Schools in Nebraska follow these rules to make sure the process is fair and legal.
What to Expect at a Title IX Hearing
In college-level cases, a live hearing must be held. A decision-maker, who cannot be the same person as the investigator or Title IX Coordinator, leads the hearing. The hearing includes questioning and a review of evidence.
Only the advisors can ask questions during cross-examination. The parties themselves cannot question each other. The decision-maker decides whether each question is relevant. If a person refuses to answer cross-examination questions, their statements cannot be considered in the final decision.
Strict rules protect students’ privacy during the hearing. Schools cannot access medical or counseling records without written permission. Questions about a person’s past sexual history are usually not allowed, except in limited situations.
After the hearing, the school must issue a written decision. The letter will include the findings, the reasons behind the decision, and any penalties. It must also explain how each party can appeal. Schools in Nebraska follow these steps as required under federal law.
Possible Penalties and Long-Term Effects
If a student is found responsible, Nebraska colleges may impose penalties ranging from a warning to suspension or expulsion. Employees may be disciplined or fired. These outcomes follow school policy and must be based on the “preponderance of the evidence” standard.
A written decision is shared with both parties, including any sanctions and steps the school will take to fix the situation for the person affected. Both parties can appeal if they believe the rules were broken, a conflict of interest existed, or new evidence appears.
Title IX findings can affect a student’s future. Being suspended or expelled may make it harder to transfer or attend graduate school. Some licensing boards or employers may ask about school discipline, even if no criminal charges are filed.
Some Nebraska colleges may place disciplinary findings in student records, although they do not always note Title IX outcomes on transcripts. Students should ask how their school handles these records.
Differences Between School and Criminal Investigations
A Title IX investigation is separate from a police or court case. A student can face both at the same time. Title IX applies even if the police are not involved. Schools must investigate and act under 20 U.S.C. § 1681 regardless of outside charges.
Title IX hearings do not follow the same rules as criminal courts. Students are not protected by the Fifth Amendment and can’t refuse to speak without consequences. Statements made during school hearings may later be used in criminal cases. For this reason, students should talk to a Title IX defense attorney before speaking with school officials. Anything said in a school hearing could later be requested by law enforcement.
How a Criminal Defense Lawyer Can Help
Under 34 C.F.R. § 106.45, students can choose an advisor for Title IX hearings, including a criminal defense lawyer. Lawyers help by preparing written responses, reviewing evidence, and making sure the student’s rights are protected. They can also participate in hearings during cross-examination.
Nebraska colleges must follow strict procedures to ensure fairness. A lawyer can help make sure the school follows the rules, does not show bias, and allows the student a fair chance to defend themselves. Legal support is especially helpful when both school and criminal charges may be involved.
If a student believes a hearing or appeal was unfair, they may file a complaint with the U.S. Department of Education’s Office for Civil Rights. In some cases, a student may even file a lawsuit against the school for violating Title IX.
Colleges in Nebraska That Must Follow Title IX
Title IX applies to all colleges and universities in Nebraska that receive federal funding. This includes both public and private institutions. Any school that accepts federal financial aid, research grants, or other federal support is legally required to follow Title IX rules.
In Nebraska, the main public universities covered by Title IX include:
- University of Nebraska–Lincoln (UNL)
- University of Nebraska at Omaha (UNO)
- University of Nebraska at Kearney (UNK)
- University of Nebraska Medical Center (UNMC)
These schools are part of the University of Nebraska system and follow the same Title IX policies set by the Board of Regents.
Several private colleges in Nebraska are also subject to Title IX because they receive federal aid. These include:
- Creighton University in Omaha
- Nebraska Wesleyan University in Lincoln
- Doane University with campuses in Crete, Lincoln, and Omaha
- Midland University in Fremont
- Bellevue University in Bellevue
- Concordia University in Seward
- Union College in Lincoln
- Clarkson College in Omaha
- College of Saint Mary in Omaha
Community colleges in Nebraska, such as Metropolitan Community College, Southeast Community College, and Central Community College, are also covered under Title IX.
Frequently Asked Questions
What is Title IX and who does it protect?
Title IX is a federal law that prohibits sex-based discrimination in education. It protects all individuals—students, staff, and faculty—regardless of gender identity or sexual orientation, at any federally funded institution, including Nebraska colleges and universities.
Does Title IX apply to Nebraska colleges?
Yes. All Nebraska institutions that receive federal funding, such as the University of Nebraska and Nebraska Wesleyan University, must comply with Title IX regulations and implement policies that prohibit sex discrimination and promote educational access for everyone.
What kinds of behavior can lead to a Title IX case?
Conduct such as sexual harassment, assault, stalking, dating or domestic violence, and sexual exploitation may result in a Title IX investigation if it limits someone’s ability to participate in or benefit from educational programs or activities.
How is sexual harassment defined under Title IX in Nebraska?
Sexual harassment includes quid pro quo by school employees, severe and pervasive unwelcome conduct, or behaviors like assault and stalking. Nebraska schools use federal definitions combined with their own institutional policies to determine violations.
Can a Nebraska college investigate someone even without police involvement?
Yes. Colleges in Nebraska must investigate Title IX reports independently of law enforcement. The school’s grievance process uses different rules and a lower standard of proof than criminal court proceedings.
What rights do students accused of Title IX violations have?
Students accused under Title IX have rights including presumption of innocence, written notice of allegations, access to evidence, participation in a live hearing, and the ability to have a criminal defense lawyer present during all stages.
Can a student be suspended or expelled under Title IX?
Yes. After a formal finding of responsibility, Nebraska colleges may impose sanctions including suspension or expulsion. Disciplinary actions are based on a “preponderance of the evidence” and are documented in a written decision shared with both parties.
Does Title IX protect students from retaliation in Nebraska?
Yes. Retaliation against anyone reporting or participating in a Title IX process is strictly prohibited. Nebraska colleges must investigate retaliatory conduct and may impose disciplinary action for intimidation, harassment, or interference with Title IX rights.
Resources
Federal Register – Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance – This official rule outlines the legal framework for how educational institutions must respond to allegations of sexual harassment under Title IX. It defines key terms, explains the grievance process, discusses due process rights, and describes compliance obligations for schools.
U.S. Department of Education – Title IX Final Rule Overview – This document summarizes the major elements of the Title IX Final Rule. It covers how schools must respond to sexual harassment, outlines due process requirements for grievance procedures, and highlights the rights of complainants and respondents. It explains the expectations for schools in handling complaints and providing supportive measures.
University of Nebraska Omaha – Title IX and Sexual Misconduct – This university site outlines how Title IX is applied at the University of Nebraska Omaha. It defines prohibited conduct, reporting options, and protections against retaliation. It includes links to reporting tools, policies, resources, and contact information for Title IX personnel. It serves as a localized example of Title IX compliance in practice.
University of Nebraska Omaha – Board of Regents Policy 2.1.8 – This official University of Nebraska policy outlines rules and procedures for preventing and responding to sexual misconduct under Title IX. It explains definitions, rights, responsibilities, grievance procedures, reporting options, and training requirements. It covers all university members and describes prohibited conduct like sexual harassment, dating violence, domestic violence, stalking, and retaliation.
Hire a Title IX Defense Lawyer Nebraska
Facing charges as a College student can be difficult to wrangle properly. Our expert defenders at Liberty Law Group are ready to protect your rights and privacy as our client, and to use our expertise to provide the strongest criminal defense in Nebraska.
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pottawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for a title IX offenses, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
