Recent court rulings have altered Title IX. These rulings have forced some schools out of compliance with the new rules. A major change comes from the US Department of Education, which recently announced that schools can now rely on witness statements that are not subject to cross-examination when making Title IX determinations. This gives Title IX defendants even less due process than they already have. If you're facing a Title IX claim, it is important to get an experienced attorney on your side as soon as possible.
What is Title IX?
Title IX is a federal law that was passed in 1972. It was passed to prohibit sex discrimination in education programs that receive federal financial aid. Almost all secondary institutions receive federal financial aid, which binds them to the requirements of Title IX.
Title IX claims involve allegations of gender-based harm such as sexual violence or harassment at a federally funded institution. Title IX proceedings are not criminal in nature and are administrative proceedings. The investigation in a Title IX claim seeks to determine whether the university policies on sexual violence or harassment have been violated. If, after an investigation, a violation is found, then the school will administer appropriate punishment.
Recent Court Case Examining Title IX
An important case involving Title IX joined four victim rights advocacy groups along with three individual plaintiffs to jointly challenge the 2020 Title IX regulations. The case, Victim Rights Law Center et al. v. Cardona, resulted in most of the 2020 amendments being upheld by the court. One major change the court made was in assessing a provision regarding whether a decision-maker can consider a witness statement who has not been subject to cross-examination. The court struck the following rule, which stated, “if a party or witness does not submit to cross-examination at the live hearing, the decision-maker must not rely on any statement of that party or witness when reaching a determination regarding responsibility.” In striking this provision, decision-makers in Title IX claims can now consider statements from witnesses who were never subject to cross-examination. This decision reinforces the necessity to have an experienced lawyer on your side to help defend your case as a decision-maker is given more power with this ruling. If you have legal questions, call us at the Lento Law Firm so we can help!
Why Hiring the Lento Law Firm is the Right Choice
If you are involved in a Title IX claim, then it is important to seek the advice of a highly-experienced attorney. Attorney Joseph D. Lento has helped hundreds of students across the country who are facing Title IX actions. Call the Lento Law Firm today at 888-535-3686 to learn why hiring Attorney Lento and his team are the right choice to help you receive the equal protection of Title IX and other issues related to gender equity.