Title IX, a federal law passed in 1972, protects people from sex-based discrimination in all federally funded education programs or activities. Over time, this law has been applied primarily to cases of sexual harassment and assault on campuses. However, like any legal provision aimed at protecting victims, Title IX procedures can sometimes be misused, as when a complainant makes false accusations against someone.
In this context, cross-examination becomes vital in ensuring that the rights of both the accuser and the accused are preserved. But the right to cross-examine witnesses during a Title IX hearing is the subject of much debate among policymakers. Today, in Florida, those accused of violating a person’s Title IX protections against sex-based discrimination do have the opportunity to cross-examine witnesses.
This article explains the essential nature of cross-examination in “fair hearings” and why having a skilled defense attorney conduct the questioning can be the difference between being expelled or fired and being exonerated.
Recent Court Ruling Allowing Accused to Sue Title IX Accuser
The New York Times recently reported about a lawsuit filed by a Yale student accused of sexually assaulting a female classmate after a Halloween party. The alleged attacker was expelled from the university following a Title IX hearing at which he was not permitted to cross-examine the witnesses against him. He was then criminally prosecuted for rape.
After the witnesses were cross-examined by defense counsel during the criminal case, the young man was acquitted. Following his acquittal, he sued his accuser for abusing the Title IX hearing process.
As a defense, the accuser cited the rule that protects witnesses in judicial and quasi-judicial proceedings from civil liability based on their testimony. But the Connecticut court held that the Title IX hearing in this case did not qualify as a quasi-judicial proceeding because it included few if any of the traditional hallmarks of due process, including no cross examination.
The particular law regarding what is and is not a quasi-judicial proceeding varies from state to state. But federal guidelines now require cross-examination to be available in Title IX hearings.
Why Is Cross Examination So Valuable in Title IX Hearings?
Cross-examination is the process in which a witness or an accuser must answer the questions posed by the person accused or their counsel.
The value of cross-examination has been recognized for centuries. A leading expert on the law of evidence and courts once called cross-examination “the greatest legal engine ever invented for the discovery of truth. But Title IX hearings in which a college or university administration considers disciplining a student or faculty member are not formally courts of law.
These hearings have traditionally only been required to provide very minimal due process guarantees, such as being notified of the accusation and having an opportunity to be heard before a decision is reached. Cross-examination of opposing witnesses was not part of the required protocol.
But in 2020, the Department of Education issued new guidelines that mandated that educational institutions receiving federal assistance permit an accused person to cross-examine witnesses during Title IX hearings.
Without cross-examination, a witness’s testimony goes unquestioned, untested, and unverified. Cross-examination allows the defense to challenge the credibility of witnesses, scrutinize evidence, and provide a comprehensive view of events.
Cross-examination enables the events in question to be described accurately and completely. The witness’s personal bias and incentive to lie can be exposed, as can their limited opportunity to see and hear what they initially claimed.
Who Would Object to Cross Examination?
Effective cross-examination applied by a skilled defense lawyer is both probing and confrontational, though not necessarily impolite. During cross-examination, an accuser is made to admit their own contributing conduct, their limited memory, their personal grudges, their use of drugs or excessive use of alcohol, and their prior false statements. The experience of being cross-examined by a skilled defense lawyer is very unpleasant, embarrassing, and can be painful when the question forces the person to go into minute detail about a traumatic event.
Genuine victims are sometimes thought to be retraumatized. Victims’ advocates oppose allowing complainants to be cross-examined by the accused’s lawyer. But cross-examination is the only method by which a hearing board or any fact finder can separate false accusations from factual ones.
False Accusations Under Title IX
With widespread concern about sexual misconduct on campuses, Title IX is being implemented in response to the significant rise in reported incidents. While many of these cases are genuine, the streamlined processes can sometimes lead to the misrepresentation of events or outright false accusations.
False accusations of sexual assault or sexual harassment are extremely damaging to the accused’s reputation. Social stigmas follow people who are accused of sexual misconduct far beyond the college environment. Not only do they jeopardize educational and professional opportunities, but they also inflict emotional and psychological trauma on the accused.
How Does Cross Examination Expose False Accusations?
Cross-examination is essential to detecting false accusations and exonerating people wrongly accused of serious misconduct.
- Highlights Inconsistencies: If a claim is fabricated or embellished, detailed questioning can highlight inconsistencies in the accuser’s story.
- Evidence Evaluation: It allows for a deeper evaluation of any presented evidence, ensuring that it stands up to scrutiny. Is the evidence authentic? Was it tampered with? Is the source reliable?
Defend Your Rights with Tampa’s Title IX Experts
In the realm of Title IX hearings, where the stakes are high and the truth must prevail, the role of cross-examination cannot be overstated. It serves as a powerful tool to uncover inconsistencies, scrutinize evidence, and expose false accusations.
If you or someone you know is facing allegations under Title IX, seeking professional legal guidance is paramount. At Stechschulte Nell, Attorneys at Law in Tampa, we are dedicated to safeguarding your rights and ensuring a fair process. Reach out to us today at 813-280-1244 for the skilled defense you deserve.
