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Title IX Lawyer - Why Schools Need a Title IX Lawyer

Jun 20

A skilled Title IX Lawyer Tucson can ensure that schools follow the law in their investigation and disciplinary proceedings. Without legal guidance, students often face unjust and life-altering penalties.

Many of these cases involve school-hired investigators, which can lead to bias. An experienced Title IX Lawyer can conduct an independent review of the investigator’s background and history to expose any bias.

What is Title IX?

In 1972, Title IX was passed in response to blatant discrimination against women in the areas of education. Women faced sexism at colleges and universities, exclusion from certain programs and spaces, higher admission standards, denied tenure more frequently than men, and other unfair, disproportionate disadvantages.

The CRRA defines a covered program or activity as “any program, or portion thereof, that is educational in nature.” This modification to the otherwise broad institution-wide coverage provided by Title VI, Section 504, and the Age Discrimination Act presents an issue of statutory interpretation.

The ordinary rules of statutory construction require that meaning be given to all words and phrases in a statute, even those that are vague or ambiguous. The Supreme Court has clarified that Title IXs scope should be construed broadly to eliminate sex-based harassment in all educational environments. However, this does not mean that Title IX is divorced from the analytical and evaluative methodology developed for employment discrimination under Title VII.

What are the consequences of a Title IX violation?

When it comes to Title IX violations, there are many different consequences that can be imposed on educational institutions that receive federal funding. These consequences range from losing some or all of their funding to being forced to make changes in policies and procedures that prevent gender discrimination.

However, it is important to note that these consequences are rarely imposed. More often, schools that mishandle sexual assault or harassment complaints face civil lawsuits filed by students and other claimants seeking not just changes to the school’s policies, but also monetary compensation for their losses.

An experienced Title IX lawyer can provide valuable counsel to victims and their families who have been subjected to sex-based discrimination at their schools. Our team of Title IX attorneys has handled numerous cases at K-12 schools, technical colleges, universities, and fraternities and sororities across New York. These cases have resulted in course grade changes, monetary awards, and suspension of student perpetrators and tenured faculty members at top national universities.

What are my rights under Title IX?

Title IX is a federal law that prohibits sexual harassment and assault in schools. The law applies to any academic institution that receives federal funding, including K-12 schools, technical institutes and colleges and universities. The Department of Education’s Office of Civil Rights oversees compliance with Title IX.

Students who believe they have been harassed or assaulted at school often report the incident to a school official. If they believe that their complaint was mishandled or that the investigation was biased, they can file a Title IX complaint. An experienced New York Title IX attorney can protect a student’s legal rights during the disciplinary process.

Additionally, a Title IX lawyer can help students with disabilities, transgender students and those who are pregnant. Our attorneys will leave no stone unturned when evaluating evidence to determine whether an investigation was conducted fairly. They can also represent a student in hearings or sanction boards that may be involved. These are complex proceedings that require the help of a skilled lawyer.

How can I protect my rights under Title IX?

Since Title IX covers all education programs and activities that receive federal financial assistance, it can be applied to a broad range of government funded and sponsored educational services. This includes forestry workshops provided by a state park system that receives funding from the Department of Interior; boater education classes conducted by local parks and recreation departments funded by the Coast Guard; courses about starting a small business offered by the Small Business Administration; and vocational training for military service members and merchant mariners.

The Supreme Court has ruled that sexual harassment of one participant by another program participants member can be actionable under Title IX. As a result, courts have largely adopted the same legal standards as those for employment related harassment in Title VII cases.

However, Title IX does allow certain religiously controlled educational operations to exclude women if doing so would be inconsistent with the organizations religious tenets. In addition, schools and other educational entities that receive federal financial assistance must provide reasonable accommodations to students experiencing sexual harassment if requested.

 

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