What Is Title IX?
Title IX is a federal law that was first passed in 1972 by US Congress. This landmark piece of legislation bans schools that receive federal funding from discriminating against people based on their gender. Over time, Title IX has increased the availability of women's scholarship athletics at the collegiate level. In 1972, there were 170,000 male student-athletes across the country as compared to only 30,000 female student-athletes. It is almost an even split now in the participation of males and females in collegiate athletics, mainly due to Title IX. While Title IX has had a profound impact on collegiate athletics, it also ensures that campuses are free of gender discrimination in many other areas. If an individual alleges discrimination based on gender at a school, then a Title IX claim can be filed.
What Types of Claims Are Title IX Claims?
Title IX is a law that protects people from unfair treatment based on gender. This includes sexual violence and sexual harassment. If someone feels like they have been a victim of one of these things, they can file a claim with their school. If someone files a claim with a school, the school is required to investigate to see if any rules were broken. If the school finds that there was a rule violation, they will punish the person who broke the rule. Title IX investigations are not criminal investigations done by the police. They are investigations to see if any school rules related to Title IX were violated. If the violation is criminal in nature, it's possible for criminal charges to be filed, but these cases would be handled separately.
Who Can Face a Title IX Claim?
If a school you are associated with gets money from the government, you can face a Title IX claim. This includes students, parents, teachers, teacher's assistants, research assistants, school employees, and applicants. If someone finds you responsible for a Title IX violation, then it can be destructive to your career. If a student or research assistant is found responsible for violating Title IX, they might not be able to get their degree. If a professor or administrator is found in violation of Title IX, they could lose their job. It can be very hard to find a job if you have been in violation of Title IX. Make sure you have experienced legal help if you are facing these life-altering issues.
Title IX Grievance Process Overview
The way schools handle Title IX investigations has changed over the years as different presidents have been elected. Now, any school that receives a Title IX claim must investigate it and decide if Title IX was violated. The Title IX grievance process includes the following:
- Accusations are put into writing and delivered to all parties
- The parties are permitted to hire an attorney
- The parties are permitted to present and evaluate all evidence
- A trained Title IX investigator will supervise the inquiry
- Written consent is necessary to inspect any medical records
- Written consent is necessary to pursue any informal agreements
- Anyone alleged to have violated Title IX is given the presumption of innocence
- Schools can choose between using a preponderance legal standard or a clear and convincing evidence standard
- The case investigator and final decision-maker must be different people
- There must be live hearings conducted by the school that allow the cross-examination of any witnesses
- K-12 schools are not required to have live hearings, but they must allow the parties to ask questions and get answers in writing
- Anyone alleging to be a victim of sexual assault is protected by state rape-shield laws
- All verdicts must be stated in writing and be delivered to the parties
- All verdicts must include a written explanation of how the decision was made
- The parties are given the right to appeal decisions
If you are facing a Title IX grievance process, then make sure you understand the rules and process. The process can be complicated and intimidating, so it is important to be as prepared as possible.
How an Attorney-Advisor Helps
If you are facing a Title IX grievance case at your Missouri college or university, then an attorney-advisor can help you in various ways, including:
- Separation: If you are going to deal with the school or any investigators, it can be helpful to have an attorney-advisor. This will help keep you from getting too close to the situation and will allow you to present your case more effectively.
- Investigation: If you need more evidence to help your case, you can hire an attorney-advisor to do an independent investigation. This includes going to the scene of the crime, interviewing witnesses, and doing forensic analysis.
- Negotiation: Many cases are resolved through negotiation. An experienced attorney-advisor can help you make a deal to resolve your case. If your case is resolved through negotiation, it will likely take less time to complete than going through a full hearing.
- Representation: It can be very difficult to represent yourself in a legal case. If you don't have any experience, then it is a good idea to have an experienced attorney-advisor help you. That way, you will be able to make better and more informed decisions to help secure the best outcome possible.
If you have questions, then call us today!
Why Hiring Lento Law Is the Right Choice
If you have questions about a Title IX violation allegation at a school in Missouri, then it is important to seek the advice of an experienced attorney-advisor. Attorney-advisor Joseph D. Lento has helped college employees across the country with various legal issues. Call the Lento Law Firm today at 888-535-3686 to learn why hiring Lento Law is the right choice to help you with your case.