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What rights does my child have in the Title IX disciplinary process?
The rights that your child has in a Title IX disciplinary process, although arguably limited scope, are also various. A student has rights under Title IX law itself. The overarching law that is that controls Title IX campus disciplinary proceedings, instituted by the federal government, the Department of Education. Your child also has rights with due process in public universities. There's been a arguable shift with some federal courts regarding potential due process at private universities.
The child also has contractual rights. When a student becomes a student at a college or university, and the college or university accepts that student, there's a contract form between the two parties. A school has to comply with its own policies. It cannot go outside its policies and provisions in terms of how the case would be addressed. Your child does have rights. The most important consideration is that you have an experienced attorney advisor to help your child through the process because so much is at stake.
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