Myers Park High School has been under review by officials for several years for not abiding by the Title IX federal regulation. In fact, during the 2018-2019 school year, there were over 1,600 Title IX violation allegations reported in the Charlotte-Mecklenburg School district, few of which were ever investigated, and even fewer ended with repercussions. The students of the CMS district are desperately pushing to improve the district's response.

What is Title IX?

Title IX is a federal regulation that prohibits schools from discriminating on the basis of sex, including allowing sexual harassment or sexual discrimination. As such, it sets a specific guideline that all federally funded schools must follow when faced with such allegations in their district. Schools must have:

• Clear and immediate procedures for sexual misconduct allegations;
• Designated personnel to handle instances of sexual violence;
• A “more likely than not” or “preponderance of the evidence” standard for evidence presented during a Title IX hearing;
• A policy that allows both parties involved to access the same procedures, whether that be allowing them to have advisors, make appeals, or how they present their evidence and witnesses; and
• A policy that protects the complainant and victim from retaliation for reporting.

If a school is put on notice of an incident of sexual harassment or violence, they have an obligation to respond. And if they fail to do so, they risk losing their federal funding.

What Can Schools Do Better? What's At Risk if They Don't?

In general, high school officials do not have the necessary training and processes in place to handle sexual assault allegations, which leads to unfair results for both the accused and the victim or complainant. For instance, if schools are not trained properly, they may be overly cautious at placing blame, allowing for perpetrators to never have real consequences for their actions. Alternatively, if they are overly cautious, they may punish the falsely accused without due process. Either way, students fall through the disciplinary cracks, creating an environment where students cannot trust their own voices or the administrators meant to protect them.

Students deserve to be supported by their school districts and their local administration, but this can only be done with proper training and policies. Additionally, if school districts do not abide by this mandate, they may lose their federal funding. If your child is accused of sexual harassment, sexual violence, or sexual discrimination, working with an attorney from the moment you receive notice of such an allegation will ensure the best possible outcome for their case.

Fighting for Students and Families Nationwide

Attorney Joseph D. Lento has worked with countless high school students across the United States who have been accused of violating Title IX. He works diligently to ensure the school administration is providing your child with a fair process, free of bias or malintent, regardless of whether a Title IX determination is made via a hearing process or an investigative process.

Too much is at stake to go it alone in any instance when accused of Title IX, regardless of the merits of the allegations or the context behind them. As noted, these concerns are often compounded at the high school level because the parties involved at the school level simply do not have the experience or perspective to ensure a fair process without the necessary oversight. This is one reason among many as to why professional help is needed from as early as possible in the Title IX disciplinary process.

Attorney Joseph D. Lento can help. He and the Lento Law Firm fight for the best possible outcome on behalf of students and families nationwide day in and day out and they will do the same for you. Call 888-535-3686 today to schedule your consultation or reach the Lento Law Firm online.