During the past year, the United States has experienced unprecedented changes during the COVID-19 pandemic. Many schools and universities, in particular, have transformed to online learning. As a result, the way that educational institutions enforce their rules has evolved as well. Even in a remote learning environment Title IX applies.
Online School and Title IX
The transition to remote learning due to the pandemic has forced institutions to contend with the various ways that Title IX is applied. In essence, any location, or event that a school has substantial control over is subject to the law’s regulations. This includes online forums and remote learning applications which are part of the official learning environment. If a student or employee engages in sexually discriminatory behavior in an online class or through a university-provided website, the student may be subject to a Title IX violation. Just because the individuals in question are not interacting face-to-face does not mean that harassment does not exist or is not serious.
Any harassing online behavior that interferes with a student’s ability to receive a proper education can be brought subject to a Title IX charge, even if the behavior was not on school grounds or related to school activities.
Recent Changes to Title IX
Application of Title IX can evolve frequently, so it is important to be up-to-date. One recent change to the Title IX regulations that will have an effect on cases is the aspect of cross-examination. Previously, the respondent’s advisor was unable to question the complainant about the claims. As of 2020, the respondent’s advisor has the ability to cross-examine not only the complainant, but all witnesses.
Contact a Title IX Defense Lawyer Today
In these challenging times, we are all adapting to new ways of interacting with others. Although our children’s education largely occurs online, that does not reduce the risk of sex-based discriminatory actions. Our experienced lawyers have built a reputation of providing student defense expertise and taking care of those whose education is at risk due to a Title IX complaint. Contact us today for a review of your case.