Title IX charges, even when outright false and based instead only on the accuser's deliberate lying, can damage the accused student's reputation, and cost the student much distress and disruption. A student whom a college or university accuses of Title IX sexual misconduct may wonder what happens to an accuser who is out-and-out lying. Can the accused student hold the lying accuser liable for defamation? Could the accused student make the lying accuser pay money, compensating for the accused student's reputational and other harm? The answer isn't as clear as you might think. Defamation liability relating to a Title IX proceeding can depend on several factors. If you face false Title IX misconduct charges and want to know your recovery rights, retain premier Title IX defense attorney Joseph D. Lento and the Lento Law Firm. Help is available to you now.

The Law of Defamation

Defamation (known as slander in its oral form and libel in its written form) is a civil court action for damages. To make a monetary recovery for defamation, the accused student would have to show that the accuser spoke or wrote false, reputation-lowering allegations about the accused student. False Title IX allegations that the accused student had committed a sexual crime or other sexual misconduct could, in theory, support a defamation claim. But defamation law protects against false allegations made in the course of a judicial proceeding. Otherwise, defamation liability might discourage parties and witnesses from making allegations in court proceedings. Parties and witnesses testifying in court proceedings generally have absolute immunity from defamation liability. And some states extend absolute immunity to quasi-judicial proceedings, listing factors for what qualifies as quasi-judicial. If absolute immunity applies in Title IX proceedings, then falsely accused students may be without a defamation remedy.

Whether a Title IX Proceeding Offers Immunity

But that's the big absolute-immunity question: is a Title IX proceeding, especially one at a private rather than public college or university, equivalent to a judicial proceeding? The very recent case of Khan v Yale University provides the perfect example. In that case, the federal court certified to the state court the question of whether the accuser student should have absolute immunity from the accused student's defamation claim for what the accused student claimed were false rape allegations made in Yale University's Title IX proceeding. Is a private college or university Title IX proceeding quasi-judicial, affording the lying accuser absolute immunity? The Khan v Yale University case recognized that some states' laws do not extend absolute immunity to protect defamation made in private school Title IX proceedings. But the federal court found that Connecticut law was unclear on the issue. It thus asked the Connecticut Supreme Court to answer that question.

Retain Skilled Attorney Representation

Time will tell what answer the Connecticut Supreme Court gives to whether that state's law offers absolute immunity to lying Title IX misconduct accusers. Yet no matter how Connecticut treats the immunity question, other states will treat the question differently. And defamation liability may still exist for false statements the accuser made outside of the Title IX proceeding. If you face false Title IX charges that you expect to defeat and for which you wish to recover money damages in defamation, retain a skilled and experienced Title IX defense attorney to assist you. Premier college misconduct defense attorney Joseph D. Lento and the Lento Law Firm are available for your representation relating to Title IX charges, including investigating your recovery rights. Call 888-535-3686 or go online now.