TITLE IX: SEXUAL MISCONDUCT INVESTIGATIONS, HEARINGS AND LITIGATION

What is Title IX?
Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity that receives federal funding.

What constitutes prohibited discrimination under Title IX?
Under Title IX, discrimination on the basis of sex includes sexual harassment, rape, and sexual assault. Relationship violence, stalking, or discrimination on the basis of gender, gender identity, gender expression, or sexual orientation may also constitute sex discrimination in violation of Title IX depending on the specific facts of the situation. A school that receives federal funds may be held legally responsible when it knows about and ignores sex discrimination on its campus or in its programs or activities.

What else does Title IX require?
Title IX requires schools that receive federal funding to evaluate their current policies and practices, adopt and publish a policy against sex discrimination, and implement grievance procedures providing for a prompt and equitable resolution of student and employee sex discrimination complaints. In addition, schools must publicly appoint at least one employee to coordinate Title IX compliance.

Does Title IX only apply to colleges and universities?
No. Title IX applies to K-12 institutions as well, provided that they receive federal funding.

What can I do if my school or employer violates Title IX?
You may be able to file a complaint with the U.S. Department of Education, Office for Civil Rights (OCR) and/or a lawsuit in court if your rights have been violated under Title IX. If you are an employee who has experienced sexual harassment or assault, you may also be able to file a complaint with the Equal Opportunity Employment Commission (EEOC). Depending on what state you live in, you may also be able to file a complaint with the entity tasked with enforcing your state's civil rights laws.

How long do I have to file a Title IX complaint?
Complaints with OCR must ordinarily be filed within 180 days of the last act of discrimination. The statute of limitations for Title IX claims filed in court depends on what state you live in. In Michigan, the statute of limitations is three years. In Ohio, the statute of limitations is two years.

What if I am treated unfairly in the Title IX investigation or hearing process?
Schools are required to implement Title IX complaint resolution procedures that are prompt and equitable. Both parties are entitled to due process, meaning that they must have equal access to all information being considered in the investigation, have the opportunity to respond to all claims being made by the other party, and be notified of the outcome of the investigation as well as any appeal rights. If you feel you are not being treated fairly in a Title IX investigation, it is a good idea speak with a knowledgeable attorney as soon as possible to ensure your rights are protected in the process.

Can I sue my school or employer for damages if it has violated Title IX?
A school can be held responsible in court if it violates its obligations under Title IX. In some cases, the school must pay the plaintiff money damages, if the plaintiff can prove the school acted with "deliberate indifference to known acts of harassment in its programs or activities." Davis v. Monroe County Bd. of Educ., 526 U.S. 633 (1999).

What if I am retaliated against for filing a Title IX complaint?
The law prohibits retaliation against anyone who reports a concern of a Title IX violation or who advocates on behalf of someone who files a complaint. If you are retaliated against, you may have additional legal remedies available.

Should I use my University’s Student Legal Services Office? Probably not. Click HERE.

Recent Representative Title IX Cases*

Successfully defended a graduate student accused of sexual misconduct by an ex-girlfriend; obtained an expert witness and presented the case at a hearing in front of a Title IX panel with effective cross-examination of complainant and witnesses.
Appeared at a hearing and helped a senior undergraduate student avoid dismissal from his university following a false allegation of inappropriate behavior at party held off campus (and over 100 miles from campus).
Successfully negotiated a pre-suit settlement on behalf of a student athlete who had to quit the college team and give up the dream of competing professionally in the sport due to severe, persistent sexual harassment by the team's coach.
Successfully represented a student who had been sexually assaulted at a friend's apartment at a Title IX hearing, resulting in the respondent's suspension from their university.
Successfully represented a student who had been sexually assaulted by a former boyfriend in a Title IX hearing at the respondent's university, resulting in the respondent's expulsion from school.
Successfully represented a former student athlete who had been groomed, sexually harassed, and sexually assaulted for years by an athletics trainer in a Title IX investigation and hearing, resulting in the respondent being denied the opportunity to retire in good standing.
Successfully represented a former student who was being sexually harassed, stalked, and falsely accused of sexual assault by a former professor in multiple Title IX investigations and hearings, resulting in the student being found not responsible for any of the professor's false allegations.
8th Grade student was falsely accused of sexual harassment. Assisted the client throughout the entire Title IX process and addressed the inconsistencies in the allegations and the procedural flaws on the part of the District. Student was found not responsible for sexual harassment and was not disciplined.
Successfully received a determination in favor of manifestation at an MDR for a child with autism who had been accused of a Title IX violation.
Assisted parents of a child who was being targeted and bullied by their coach, and whose complaint the athletic director had covered up, to bring the issue to a school board meeting and demand an independent investigation.

Recent Representative Title IX Litigation: HERE

*The results shown are not necessarily indicative of the results that could be expected in any other matter, as the circumstances of each case are unique and involve multiple factors to consider along with possible outcomes.

MEET THE TITLE IX TEAM:

Coriann Gastol, Attorney

Josh Sollenberger, Attorney

Liz Abdnour, Attorney

Mark Weiker, Attorney

Kathleen Mahoney, Attorney

Jessica Moore, Attorney