How to Choose Witnesses and Evidence for Title IX

Choosing Witnesses and Evidence to Defend Against a Title IX Accusation

Strong Witnesses and Evidence Prove Beneficial in Title IX Defense Cases

If you have been accused by a classmate of a Title IX violation, it’s crucial to immediately start compiling compelling evidence and recruiting reliable witnesses. Like many things in life, the quality is much more significant than the quantity. Our attorneys are available to help you understand what constitutes powerful proof.

How Do I Choose My Title IX Witnesses?

To choose appropriate witnesses, you need to account for any event or time your accuser may choose to recount on record. Think back to any college events, parties, or classes that you may have been involved in together and communicated during. After identifying the events the accuser is likely to reference, ask yourself these questions to identify potential witnesses:

  • Who else was present during these events?
  • Who spent significant time with you or your accuser during the events?
  • Who, if anyone, did you text, call, or communicate with in any other way during the events?

Once you’ve listed a few people who have sufficient knowledge of the event, ensure they are suitable to serve as a witness. Ask these questions when considering the benefit their testimony could add to your case:

  • How do they remember the event?
  • Are they willing to testify to the investigator?
  • Were they present or are they presenting secondhand knowledge?

During this process, it’s also important to consider the potential witnesses your accuser is likely to recruit. Anticipating their recounting of the story is helpful in that it provides you an opportunity to find relevant witnesses to offer opposing views. Additionally, knowing the witnesses could allow you to have a chance to prepare adequate defenses against their testimonies, such as explaining that they were absent from significant moments in the questioned time or they were under the influence.

How Do I Choose My Title IX Evidence?

Any communication between and about you and your accuser is viable evidence for a title IX investigation. This could include:

  • Any social media posts you’ve published, shared, liked, or commented on by or about your accuser
  • Any direct messages to or about your accuser
  • Videos or photos from events where your accuser was also present
  • Campus entry card swipe time log
  • Google Maps or other tracking apps showing your location at specific dates and times

Your evidence should be used to create a timeline around the incident in question. Including as much relevant information as possible about your location and actions—in chronological order—will aid your defense.

Your university may provide you with a copy of your accuser’s complaint, which you could subsequently use to organize your compiled collection of communications to center on the specific infractions in question.

Our attorneys can help you retrace events and gather evidence and witnesses that could help your case. If you or your child has been accused of a Title IX violation, contact Parisi, Coan & Saccocio, PLLC. We can help you build a powerful defense to work towards saving your reputation and academic opportunities.