Did you recently report a Title IX violation, participate in a Title IX case, or were involved in a Title IX investigation? After that, were you treated poorly or lost a benefit of some sort? If so, you could be the victim of Title IX retaliation – and you don’t have to take it.
Retaliation is explicitly prohibited under Title IX. An experienced Title IX lawyer from KJK can discuss your legal rights and options during a confidential case review. Contact us today to get started.
What Is Title IX?
According to the Department of Education, “Title IX is a federal law that prohibits any educational institution that receives federal financial assistance (such as grants or loans) from discriminating on the basis of sex.”
When Do People File Title IX Complaints?
Title IX complaints can arise from various situations, including the following:
Sexual Discrimination
Title IX prohibits discrimination in educational settings on the basis of sex. Sexual discrimination cases may arise from situations such as:
- An applicant is denied admission into a school, college, or university due to their sex (there are limited exceptions for single-sex only schools).
- An applicant is denied admission into a particular program, such as in science, technology, engineering, or mathematics (STEM) programs, due to their sex.
- A professor routinely gives students of a certain sex higher grades just because of their sex.
- An administrator punishes a particular sex more harshly than another.
- Female athletes are provided less funding, equipment, or opportunities, in comparison to their male counterparts.
- A student is bullied due to their gender expression or based on sex stereotypes.
Sexual Harassment
Sexual harassment is considered a form of prohibited sexual discrimination. Sexual harassment is unwanted sexual behavior, advances, requests for favors, or unwelcome physical sexual conduct. Prohibited sexual harassment under Title IX generally takes one of the following forms:
- Quid pro quo harassment: Quid pro quo harassment occurs when a teacher, administrator, or other employee of an educational institution offers something to a student or another person in exchange for sexual conduct. For example, they may promise to put them on a sports team or give a higher grade in exchange for sexual favors.
- Hostile environment harassment: This form of harassment arises due to unwelcome conduct that a reasonable person would find to be so severe or pervasive and objectively offensive that it effectively denies them equal access to an education program or activity. Depending on the circumstances, this could result from a single event, such as a rape, or continuous conduct, such as repeated sexual “jokes,” comments, or innuendos.
- Sexual violence: Sexual assault, dating violence, domestic violence, and stalking are also prohibited forms of misconduct. These terms are defined under other federal laws, such as the Clery Act and the Violence Against Women Act.
What Is Title IX Retaliation?
Retaliation discrimination is a separate form of prohibited discrimination under the law. Complainants, respondents, and participants can potentially be targeted for retaliation once a Title IX case is underway.
Retaliation means “intimidation, threats, coercion, or discrimination against any person by the recipient, a student, or an employee or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX” when it is done because the person has done any of the following under Title IX:
- Reported information
- Made a complaint
- Testified, assisted, or participated in an investigation, proceeding or hearing, including in an informal resolution process, grievance procedures, or any other actions taken by a recipient
Common Examples of Retaliation Discrimination
Retaliation occurs when an affected party has adverse action taken against them because of their protected activity under Title IX. Retaliation can take many forms in educational settings, largely depending on the relationship of the victim and the school. For example, the consequences that a school employee might suffer may be very different from the consequences that an affected student could suffer. Potential forms of retaliation might include the following:
- Being disciplined
- Receiving lower grades
- Being placed on academic probation
- Being kicked off a sports team
- Having access to school resources blocked
- Being removed from a fraternity, sorority, or leadership position
- Being fired from their job
- Losing tenure or refusing to provide tenure
- Being demoted
- Failing to be promoted
- Being denied benefits
- Having hours reduced
- Having job assignments altered unfavorably
- Being subjected to a hostile work environment
Under Title IX, retaliation is classified as a separate violation. Therefore, even if the underlying Title IX complaint is dismissed or determined not to violate the school’s Title IX policy, the affected party can still be pursued if an adverse action was taken against them for participating in the Title IX process.
Who Is Protected Under Title IX’s Prohibition on Retaliation?
Protection from retaliation extends to all parties involved in the process, not just the person filing the initial report. As such, it applies to:
- Complainants
- Respondents
- Witnesses
What Must Be Proven in Retaliation Discrimination Cases?
It’s not enough in a retaliation case to say that you were treated badly. Instead, you must definitely establish the connection between your role in the Title IX case and the negative treatment. To prove retaliation, you must be able to establish the following legal elements:
- Protected activity: Title IX retaliation cases apply only when the person is retaliated against for filing a Title IX claim, participating in a Title IX case, supporting a case, or speaking out against sex-based discrimination in education.
- Adverse action: You must be able to show that you suffered a negative penalty, punishment, or change in status that would be sufficient to prevent a reasonable person from taking part in a protected action.
- Causal connection: Finally, you must prove that the adverse action occurred due to the protected activity.
These elements can be difficult to prove. An experienced Title IX lawyer can help.
What Should I Do If I Suspect I Am Being Retaliated Against?
If you suspect that you have been retaliated against because of your role in a Title IX case, take these steps to protect your rights and advance your legal claim:
Write Down Details
Write down details about the adverse behavior you have been subjected to. These types of cases can often involve heightened emotions, so it’s good to take a few moments to write objective information down.
Document the Events
Save all communications, written and electronic, that you believe demonstrate retaliation. Write down a list of events of what happened, the date, time, and location, and whether anyone else was present to observe the events.
Report Your Suspicions
Contact your school’s Title IX office to report the misconduct. Each school should have its own Title IX policy and procedures for handling retaliation claims.
Hire a Title IX Lawyer
Consider hiring a Title IX lawyer who can handle the legal process for you, answer your questions, and address any challenges that arise.
Contact the Office for Civil Rights
You can also file a complaint with federal civil rights authorities through the U.S. Department of Education Office for Civil Rights.
Should I Hire a Lawyer to Help Me in a Retaliation Case?
While you are not required to hire a lawyer, doing so may be helpful so that you have someone who is actively protecting your legal rights. If you are facing severe consequences due to your role in the Title IX case, hiring a lawyer may help minimize or stop them. Also, by hiring a lawyer, you show the school that you are serious about protecting your legal rights and recognize what it has done.
Why Should I Hire KJK for Help in a Retaliation Case?
Some of the attributes that set KJK apart are:
- Our extensive experience: Our attorneys have successfully handled over 1,000 cases in more than 200 colleges and universities across the country.
- Recognition in the legal industry: Our attorneys have been named “Lawyer of the Year” in the education category multiple times. This distinction is reserved for the lawyer with the highest peer review ratings for their geographic and practice area, demonstrating the high esteem that our peers in the legal industry have for us.
- Our positive results: Our attorneys have secured many favorable results for students, fraternities, and organizations. This includes court victories, early resolutions, and successful outcomes in alternative dispute resolution forums.
- Our comprehensive legal services: In addition to our Title IX services, we also have a robust practice that concentrates on providing ancillary services, such as reputation management and handling of related civil and criminal cases stemming from Title IX cases.
Contact us today to learn more about why you should hire us to handle your retaliation case.
Contact KJK for Legal Assistance and Representation
Retaliation after reporting or participating in a Title IX proceeding is a federal violation under the law itself. If you are the victim of this type of violation, you deserve for your rights to be upheld and corrective action to be taken. The experienced legal team at KJK is here to help demand the accountability and justice you deserve. Contact us today for a confidential consultation.