Title IX Advocacy and Advice
Zisser Law can serve as a student’s advisor during their school or university’s investigation of a complaint of sexual misconduct, harassment, or other discrimination. We can also litigate where a school has failed to properly respond to misconduct, or assist in the federal administrative complaint process.
Title IX
Title IX provides protection for students who have experienced discrimination or sexual abuse at their school or college. Other federal laws provide protection against other forms of discrimination (e.g., race, national origin, disability, etc.) But the process is cumbersome and can re-traumatize a victim. Title IX Coordinators often are poorly trained or lack resources; they often are not attorneys and do not fully understand the processes and underlying federal regulations or do not take a trauma-informed approach. Unfortunately, they frequently do not operate independently from the school or university. Too often students experience “institutional betrayal” — the failure of their school to adequately protect them or vindicate their rights.
Direct Title IX experience
Aaron Zisser worked as a Title IX Coordinator at a nationally ranked university and investigated schools when he was an attorney with the US Department of Justice’s Civil Rights Division — he knows the system and the processes from the inside and can help students navigate the complex procedures to ensure that individuals are held accountable and the university or school does what it must under the law to respond to sexual misconduct or other discrimination.
Hearing advisor for complainant/victim
Every student who files a report or a complaint — and there is an important difference between these two things — has the right to an “advisor.” That advisor can be an attorney. Often, the accused student will retain an attorney as their advisor, and it can be intimidating if the victim isn’t on equal footing in that regard.
Unfortunately, too few attorneys specialize in representing or advising the “complainant,” or victim, while many attorneys are available to represent the accused. While the rights of the accused are important, and every accused person has the right to due process, the voices of survivors can get lost. Survivors of sexual violence and victims of discrimination have rights, too. After all, Title IX is a civil rights law and sexual abuse is a form of gender-based discrimination. As a civil rights attorney, Mr. Zisser represents students who are victims of sexual abuse and other discrimination.
Zisser Law is dedicated to providing robust representation at a cost that is manageable for students and their families.
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Help the student decide whether to file a formal complaint and assist in submitting such a complaint.
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Even where there is no formal complaint or investigation by the school or university, advocate for any “supportive measures” the student may need, such as adjustments to class or exam schedules, safety measures, or changes to housing.
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Explain the school’s procedures to the client so that there are no surprises and the client can take things one step at a time.
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Be present during any interviews by or meetings with the Title IX Office.
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Advocate for confidentiality and privacy throughout the process.
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Ensure that the client shares all the relevant information and evidence. Review the Title IX Office’s investigation and evidence packet and assist the client in providing a response to the Title IX Office to ensure the investigation is complete and the analysis is fair and accurate.
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Coordinate with the Title IX Office and other offices so that the client can focus on school.
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Prepare the student for any hearing and represent the student at the hearing, including questioning the accused and other witnesses and objecting to inappropriate questions directed to the victim.
Assist the student in preparing an “impact statement,” so that the accused receives the appropriate disciplinary sanctions.
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File a complaint with the U.S. Department of Educations’s Office for Civil Rights (OCR) if the school or university violates the client’s rights. Assist throughout the OCR investigation.
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Where a school or college fails to take sexual misconduct seriously, thus interfering with a student’s ability to access their educational program, Zisser Law can assist in litigation.
How Zisser Law Can Help