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  1. #1
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    Exclamation Accused of Physical and Verbal Harassment from Another Student

    My question involves labor and employment law for the state of: Alabama

    I am a current student at an institution that has been accused of a Title IX infringement. The accuser (my ex-girlfriend) has stated I have been harassing, threatening, and intimidating her. The institution has asked for a statement (due this week!) containing information that explains my side of the story.

    I was posting to get insight on how I should approach this statement. Should I mention things about my character that would help delegitimize the claim? Or should I just stick to the facts (I have not contacted the accuser at all, here are all my phone records).

    Any other tips on how to structure the statement would be greatly appreciated.

  2. #2
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    Default Re: Accused of Physical and Verbal Harassment from Another Student

    Quote Quoting c3ment
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    My question involves labor and employment law for the state of: Alabama

    I am a current student at an institution that has been accused of a Title IX infringement. The accuser (my ex-girlfriend) has stated I have been harassing, threatening, and intimidating her. The institution has asked for a statement (due this week!) containing information that explains my side of the story.

    I was posting to get insight on how I should approach this statement. Should I mention things about my character that would help delegitimize the claim? Or should I just stick to the facts (I have not contacted the accuser at all, here are all my phone records).

    Any other tips on how to structure the statement would be greatly appreciated.
    You should just stick to the facts. Saying things about your character would be self aggrandizing and make you look guilty.

  3. #3
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    Default Re: Accused of Physical and Verbal Harassment from Another Student

    Quote Quoting llworking
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    You should just stick to the facts. Saying things about your character would be self aggrandizing and make you look guilty.
    Thanks for the insight. I'll be sure to do just that.

    On a related matter, I am curious to know if the school has the final word on the conclusion of the case. I am asking because I don't feel like the school has my best interest (they have been taken to court for discrimination against a student of the same ethnicity as I). Even if the evidence clearly shows I have not done what has been said about me, do they have the power to simply boot me from the school? It's a private non-profit institution, if that helps.

  4. #4
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    Default Re: Accused of Physical and Verbal Harassment from Another Student

    Quote Quoting c3ment
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    Thanks for the insight. I'll be sure to do just that.

    On a related matter, I am curious to know if the school has the final word on the conclusion of the case. I am asking because I don't feel like the school has my best interest (they have been taken to court for discrimination against a student of the same ethnicity as I). Even if the evidence clearly shows I have not done what has been said about me, do they have the power to simply boot me from the school? It's a private non-profit institution, if that helps.
    Private schools can do just about whatever they want.

  5. #5
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    Default Re: Accused of Physical and Verbal Harassment from Another Student

    If you can show (with hard evidence) that they booted you out solely because of your race/ethnicity, and for no other reason whatsoever, then you might have a case for illegal discrimination. However, if it seems clear that they booted you out for some other legal reason (such as you being on the sharp end of a harassment complaint), then you're SOL.

  6. #6
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    Default Re: Accused of Physical and Verbal Harassment from Another Student

    Quote Quoting c3ment
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    I was posting to get insight on how I should approach this statement.
    Seeing as how you've told us nothing about the situation (beyond that it has something to do with Title IX), I'm really at a loss as to why you'd expect the anonymous strangers here to have any ability to provide useful insight in this regard (although I agree that sticking to the facts is probably a good idea).

  7. #7
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    Default Re: Accused of Physical and Verbal Harassment from Another Student

    Quote Quoting pg1067
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    Seeing as how you've told us nothing about the situation (beyond that it has something to do with Title IX), I'm really at a loss as to why you'd expect the anonymous strangers here to have any ability to provide useful insight in this regard (although I agree that sticking to the facts is probably a good idea).
    Thatís a great point. What information would you like to know that would allow you to respond in a helpful way?

    I ask because Iím not entirely sure what else I can tell you.

    To extrapolate (with a bit of repetition), Iíve been accused of harassing, intimidating and threatening a fellow classmate. The classmate used to be my girlfriend. We parted ways in the middle of last month and we have had no to contact since. We were on good terms when we ended things. She lives across the street and I see her (walking her dog, going to class, etc.) on a regular basis. We have both kept our heads down whenever we run into each other.

    I have no issues with her and am dumbfounded that she has made these allegations. The school is taking it seriously with mentions of possible expulsion if I am found guilty. I have responded with phone records and texts proving that I have kept my distance and refrained from contacting her. There are cameras all over the classrooms that can prove I have not made any attempt to open a line of communication between us on school grounds.

    I hope that helps

  8. #8
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    Default Re: Accused of Physical and Verbal Harassment from Another Student

    Quote Quoting c3ment
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    What information would you like to know that would allow you to respond in a helpful way?
    Ok...

    Quote Quoting c3ment
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    I’ve been accused of harassing, intimidating and threatening a fellow classmate.
    What are you actually accused of doing? It's easy to say, "Bob harassed me," but that's a meaningless allegation without facts -- e.g., "Bob harassed me by calling me 263 times in the span of 7 days."

    Also, what does you allegedly harassing (etc.) a fellow student have to do with Title IX? Title IX is a federal law that, generally, prohibits gender-based discrimination with respect to benefits provided by federally-funded educational institutions. It's most well-known application relates to college athletics.


    Quote Quoting c3ment
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    The school is taking it seriously with mentions of possible expulsion if I am found guilty.
    What does "found guilty" mean in this context? This isn't a criminal proceeding, is it? If it is, then you should seek to retain a criminal defense attorney.

  9. #9
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    Default Re: Accused of Physical and Verbal Harassment from Another Student

    Quote Quoting pg1067
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    Ok...



    What are you actually accused of doing? It's easy to say, "Bob harassed me," but that's a meaningless allegation without facts -- e.g., "Bob harassed me by calling me 263 times in the span of 7 days."

    Also, what does you allegedly harassing (etc.) a fellow student have to do with Title IX? Title IX is a federal law that, generally, prohibits gender-based discrimination with respect to benefits provided by federally-funded educational institutions. It's most well-known application relates to college athletics.




    What does "found guilty" mean in this context? This isn't a criminal proceeding, is it? If it is, then you should seek to retain a criminal defense attorney.
    They have given me no specifics. THey have advised that I reflect on times of conflict between her and I and try to find instances where I have behaved in a manner that COULD HAVE been taken as harrassment (etc.). When I probed the compliance offer to get some idea of what I should write about, he responded with "Tell me your story/view of the relationship." Obscure to say the least.

    Yes it does usually refer to athletes. However, further research revealed the "Title IX of the Education Amendments of 1972 ensures that policies and programs foster a campus community free of illegal gender discrimination and from all forms of violence, including sexual misconduct (examples of which can include acts of sexual assault, domestic violence, dating violence, and stalking)."

    Found guilty means that they have enough evidence to prove that i have violated this policy: "Appropriate disciplinary action, up to and including, suspension, expulsion, termination from employment or being banned from properties, will be taken against individuals who violate this policy"

  10. #10
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    Default Re: Accused of Physical and Verbal Harassment from Another Student

    Quote Quoting c3ment
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    They have given me no specifics.
    So...out of the blue, your college/university contacted you (in writing? by phone?) and told you that "Susie is accusing you of 'harassing, threatening, and intimidating her.' Please provide "a statement . . . containing information that explains [your] side of the story," and that's it?

    Honestly, why wouldn't your response be something like, "My side of what story? You haven't provided me with a 'story' such that I could tell you my 'side.' Susie and I used to date, and now we don't. Until you tell me what exactly I'm being accused of doing, there's nothing for me to tell you beyond that."?


    Quote Quoting c3ment
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    THey have advised that I reflect on times of conflict between her and I and try to find instances where I have behaved in a manner that COULD HAVE been taken as harrassment (etc.).
    Huh? Who are "they," and why would "they" be "advising" you about what "reflection" you have done?


    Quote Quoting c3ment
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    When I probed the compliance offer to get some idea of what I should write about, he responded with "Tell me your story/view of the relationship." Obscure to say the least.
    That's absolutely nutso. Are you saying that your school notified you in some way that "Susie says you've harassed, threatened and intimidated her. Please tell us everything about your past relationship."? That's like a cop coming up to you and saying, "John is accusing you of several crimes. Please tell me everything about every interaction you've ever had with John." I think you seriously need to consider saying something like, "I deny any allegation of harassment, etc. If you want to provide specifics about what she is claiming, I'll be happy to respond in an appropriate manner. However, I'm not going to volunteer information about our relationship without having any specifics of what I'm being accused of doing." You also ought to look into retaining legal counsel.

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