Title IX is a federal law passed in 1972 due to widespread discrimination against women, specifically in schools. During the 1960s and 1970s, it was common practice for colleges to deny women admission, inclusion in scholarship programs, protection against sexual harassment and/or assault, and career opportunities.
Despite Title IX being created largely in response to discrimination against women and girls, it was written to provide protection to everyone, regardless of their gender. This includes females, males and nonbinary individuals, as well as all ages. Importantly, Title IX covers any public school, including institutions of higher learning, that receives federal funding. It also protects the rights of students who attend private schools that receive federal funding, directly or indirectly.
Title IX states: “No person in the U.S. shall, on the basis of sex, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”
Simple enough. But, participating in a Title IX investigation can be a convoluted and perplexing experience for a student, to say the least. Even though the purpose of Title IX is to ensure equality and safety within a student’s academic environment, the process can feel unfair at times and unclear. Especially when a student’s reputation and future career are at stake.
It is critical to know your rights and when to obtain legal representation whether you are making a complaint or responding to one asserting a Title IX violation.
What Happens During a Title IX Investigation?
A Title IX investigation typically includes:
- A formal complaint and notification
- Interviews
- Obtaining Evidence (texts, emails, social media)
- Preliminary report breakdown and review
- Final report, including findings and recommended sanctions, if necessary
A Title IX investigation is carried out by school administrators and adheres to administrative policies rather than criminal laws, distinguishing it from law enforcement procedures. Nevertheless, the consequences are considerable and can include suspension, expulsion, and/or a permanent entry on the student’s record. This is important because parts of a permanent school record may be shared when a student transfers or applies for a different program.
Seek Legal Representation if You are Not Sure How to Respond to an Allegation or Complaint
Although schools may tell students that legal representation is not necessary, there are specific situations where having legal representation is crucial to navigating a Title IX investigation and ensuring the best outcome possible. Title IX procedures vary by school, adhering to federal regulations. These policies are often lengthy, confusing, and deadline driven.
An attorney can:
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- Help you identify and meet all deadlines
- Assist you with locating and understanding your school’s specific Title IX policies
- Identify procedural errors that may harm your case
- Prepare written statements, responses, or appeals, while also preventing inaccuracies or misunderstandings during interview and within written documentation
- Prepare you to present your narrative clearly and accurately during interviews
Appeals and Lawsuits Are Real Possibilities
If you receive an unfavorable outcome, you may have the option to appeal within the school or file a civil lawsuit in federal court. These are some of the reasons why a student would move forward with these options, after being unsuccessful in a Title IX investigation:
- Procedural Error If the school’s administration failed to follow its own written policy to take into consideration certain evidence that would show guilt or non-guilt (such as text messages, medical records, recordings, witness testimony, etc.), this would be a procedural error.
- New Evidence It is important to note that appealing because new information has been provided does have a time limit. Make sure to check the date by which submissions must be received.
- Bias or Conflict of Interest If there is a relationship between the investigating staff and members of the hearing panel or either party, this could be a conflict of interest.
- Disproportionate Sanctions If the outcome in your case seems excessive compared to outcomes of similar cases, there may well be some type of discrimination or bias present.
Litigation is typically filed after internal appeals are exhausted or if the student believes the school violated federal or state laws. Examples include claims such as:
- Violation of Due Process (Public Schools) If a school has written policies but fails to follow those policies, such as failing to provide an accused with copies of the evidence alleging the violation and an opportunity to be heard, this could be considered a due process violation.
- Title IX Gender Bias Guilt being assumed, due to the accused’s gender
- Breach of Contract (Private Schools) A student handbook outlines polices and code of conduct. In many cases, when a student enrolls in a school, the handbook becomes a contract and a breach of these policies by the school or the student is enforceable.
- Negligence or Emotional Distress In some cases a student may be traumatized due to how an investigation was handled.
- Deliberate Indifference A school can sometimes delay the process unreasonably, showing an indifference to one side.
- Retaliation The school’s administration or staff may find ways to retaliate towards the student for filing a Title IX complaint.
Engaging an attorney at an early stage in a Title IX investigation can provide advantages for future outcomes by:
- Building a strong written case file
- Identifying any due process violations
- Maintaining your legal rights and future options
Final Thoughts: Don’t Go Through It Alone
A Title IX investigation carries serious consequences for students, involving sensitive matters and complex institutional policies. Whether you’ve been accused or made the complaint, securing legal counsel is essential to protect your rights and navigate the process effectively. Legal representation is especially important when procedural rules are unclear or inconsistently applied, as missteps can have lasting impacts on your academic and professional career, particularly when pursuing appeals or potential civil litigation.
Contact Education Rights Group today to schedule a consultation and take the first step toward justice and academic equity.