New Title IX rules went into effect on August 14, 2020. Click here to learn about the changes to Title IX and how college sexual misconduct cases will be addressed and adjudicated under the new rules.
What is Title IX?
Title IX of the Education Amendments is a federal civil rights law that forbids discrimination on the basis of gender committed by or against students, staff, and faculty in higher education institutions that receive federal funding. Gender discrimination can be committed against women, men, and transgender individuals.
Sexual misconduct is considered gender-based discrimination, along with proven instances of bullying, employment discrimination, and unfair and disproportionate opportunities in intercollegiate sports and educational programs.
Colleges and universities receiving federal funding maintain their compliance with Title IX by handling any of reported cases of gender-based discrimination. All parties involved in a case - whether they be students or employees of a college - will be required to undergo their school's Title IX processes.
Complaints Against College Employees
Title IX processes will be utilized to investigate and ultimately resolve complaints of discriminatory practices forbidden by federal law against employees of the college (faculty, professors, coaches, staff, graduate assistants, teaching assistants etc.) However, despite being respondents, school employees are entitled to certain rights that the school is required to uphold. If you are an employee of a college or a university who has received a complaint, you are granted the following rights by your employer:
- To be treated with respect and dignity
- Notification of the allegations made against you
- Access to the university's Title IX policy
- Privacy (within the confines of university policy)
- A prompt and thorough investigation of allegations
Although you may expect your school to play by the rules, this isn't always the case. There have been times when schools are caught violating the rules and regulations listed in their own code of conduct to disadvantage respondents. But with the help of a legal professional, higher education institutions will be held accountable for their actions through the issuing of a “litigation hold” letter. An attorney has the authority to send this letter to school authorities as a warning that legal action may be taken if unfair treatment towards a respondent continues.
Mandatory Reporting and the “Responsible Employee”
Employees of a college may also find themselves with Title IX charges if they fail to comply with the law's mandatory reporting stipulations. The law requires “responsible employees” to report any suspected instances of sexual misconduct and any other inequitable behavior to the school's Title IX coordinator in all circumstances. Whether these allegations come directly from a student's mouth or its hearsay, it must be reported without hesitation. The failure to comply with these regulations could result in disciplinary actions.
Title IX Advisor to Represent College Employees of Title IX Charges
If you are an employee of a college or a university and have been accused of practicing discriminatory behavior, you should consult with an attorney. Skilled legal professional Joseph D. Lento has extensive experience successfully protecting the rights of clients who have been in your predicament. Preserve your livelihood and contact Title IX advisor Joseph D. Lento today for assistance.