Title IX of the Education Amendments mandates gender equality within federally funded higher education institutions. Put simply, this means that gender discrimination in colleges and universities is strictly prohibited. Because the majority of schools in the country are funded by the government in some capacity, most schools must comply with Title IX regulations.
Gender discrimination in an activity, sport, or classroom is a prevalent form of misconduct that administrators have seen time and time again. In the event that a complaint is filed alleging gender discrimination in these settings, the accused student and an accuser will undergo what's known as the Title IX process to ultimately come up with a finding. This process entails an investigation, and potentially a hearing for an institution to determine, based on the evidence, if the accused is found “responsible” for committing a Title IX violation.
What Constitutes Gender Discrimination in an Activity, Sport or Classroom?
Before one can identify gender discrimination in various settings, one must understand what actually constitutes gender discrimination. Gender discrimination is defined as unequal or disadvantageous treatment of an individual or group of individuals based on gender. As this piece implies, gender discrimination can occur in numerous settings, and be exhibited through speech, writing, verbally, and electronically.
In the classroom, instructors should examine their curriculum and their respective teaching practices to determine if they're perpetuating gender inequality. But even within the teaching industry, it exists. For example, an experiment involving students in online courses revealed that identical courses between a male and female professor are rated lower if the instructor is randomly assigned a woman's name. Students have also used the evaluation to comment on the faculty, appearance, tone of voice or even sexual orientation.
In collegiate sports especially, gender inequality has been rampant, and there still are issues today. According to the Women's Sports Foundation, male athletes get $179 more in athletic scholarships each year than female athletes do.
Throughout the Title IX process, it's important for accused students to remember that they are entitled to due process rights. Although most schools are expected to thoroughly adhere to their own policy, sometimes pressure from the Education Department, timing restrictions, and other factors may lead to an unfair process and result. This is why accused students need the help of an attorney advisor to ensure that the process stays equitable and that the school is held accountable if it strays from federal rules.
Nationwide Title IX Advisor
The only way to make sure your voice is heard and your rights are upheld is to retain a student defense attorney. For respondents, especially, the assistance of an attorney advisor is invaluable in the Title IX process. National Title IX attorney Joseph D. Lento has the skill, experience, and expertise to help you preserve your entitled rights under Title IX and your school's policy. For a case evaluation or more information about his representation, contact him online or give him a call at 888-535-3686 today.