Title IX Defense in Ohio
Serving students & Faculty nationwideYou may have never heard of Title IX until you were accused of violating it. A finding of responsibility for violating Title IX comes with serious consequences, so it’s crucial that you understand what Title IX mandates – and what can happen if you are found responsible.
This is a critical time in your life. Your studies, job, and reputation are at stake. You need a skilled Title IX lawyer who can protect you from the harshest consequences.
The elite legal team of KJK Student & Athlete Defense can explain Title IX and how a finding of responsibility can affect your educational opportunities. Contact us today for a confidential consultation to discuss your situation.
Where Does Title IX Come From?
Title IX originates from the Education Amendments of 1972. Its initial purpose was to provide equitable treatment to women college applicants who were often denied entry into college or certain programs and to ensure that female athletes had the same opportunities and funding as male athletes.
According to Title IX: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Under this law, sex-based discrimination is prohibited in education programs and activities that receive federal financial assistance. This provides a broad purview for the law and many potential ways it can be violated.
In 2011, the Office of Civil Rights at the United States Department of Education sent a letter to colleges and universities after years of their being criticized for lax handling in response to allegations of campus sexual assault. This so-called Dear Colleague Letter informed the colleges and universities that they must follow transparent and prompt procedures to investigate and resolve complaints of sexual misconduct. In response to this letter, colleges and universities adopted a low burden of proof by the preponderance of the evidence when dealing with cases involving sexual misconduct.
Schools also adopted various sexual misconduct policies. As a result of the criticism against colleges and universities, many of them went in the opposite direction, often rushing to judgment to find students responsible in an attempt to look tough.
The Department of Education subsequently withdrew the Dear Colleague Letter and proposed new regulations. However, the policies often still remain in place and continue to favor the complainant.
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Who Does Title IX Apply To?
Title IX applies to various types of educational institutions and academic programs. It applies to public schools, as well as private schools that receive federal funding or even just have a particular program that receives such funding. Vocational rehabilitation programs and libraries may also receive federal funding.
The following entities are typically subject to Title IX:
- Public elementary schools
- Public secondary schools
- Private elementary and high schools that receive federal funding
- Public school districts
- Federally funded education programs
Essentially, any entity receiving federal funding may be required to enforce the non-discrimination mandate imposed by Title IX.
Common Title IX Allegations
Since Title IX applies to so many different educational programs and settings, various actions could potentially violate Title IX’s prohibition against gender-based discrimination or sexual harassment. Common examples of Title IX cases can include the following:
- Quid pro quo harassment, which involves favorable treatment for a particular student, usually in exchange for sexual favors
- Sexual assault, such as allegations that a faculty member or other student sexually assaulted an alleged victim
- Disparate treatment in athletics, such as women not receiving equal athletic opportunities as their male counterparts
- Hostile environment harassment, where behavior is so severe or pervasive as to alter the educational or employment program
- Domestic violence situations between people engaged in a romantic relationship on a college campus, where misconduct is alleged
- Gender discrimination, such as treating people of one gender worse than other genders
- Sexual misconduct, such as engaging in sexual interactions without affirmative consent
- Sexual violence, which can include allegations of rape, sexual assault, sexual battery, or unwanted sexual contact
- Discrimination against student parents or parents who are nursing
- Gender bias in science, technology, engineering, and math (STEM) courses or academic programs
If you or your child is facing a Title IX violation, seek help from a Title IX defense attorney.
Potential Penalties for Violating Title IX
Title IX charges are not criminal charges, but they can still result in significant disruption to the respondent’s studies. Potential penalties that you could be subject to include:
- Expulsion: You could be expelled from school. The expulsion would appear on your academic transcripts and prevent you from finishing your education or transferring to another school.
- Suspension: You could be suspended for part of the semester, which can cause you to suffer low grades and potentially prevent you from finishing your studies.
- Revocation of degree: Even if you graduated, the school could revoke your degree.
- Loss of university housing: You could be forced to move out of university housing.
- Academic probation: You may be placed on academic probation, which could subject you to additional conditions. If you don’t meet the conditions, you could face other repercussions, such as dismissal from school.
- Job loss: If you’re a university faculty member, you could lose your job or tenure. If you have a job at the school, you could be terminated.
- Loss of financial aid: You could lose grants and scholarships.
- Fines and community service: The school may impose fines and require you to complete community service.
- Public apology: You could be forced to provide the alleged victim with a formal apology, which could remain online for years to come.
- Loss of leadership positions: You could be forced out of a fraternity or sorority, be required to step down from a leadership position, and be taken out of school clubs and organizations.
- Leaving a team sport: You could be forced off a collegiate team and lose your sports scholarship.
Even if you are not found responsible for violating Title IX, you can still face significant disruption to your life due to interim measures that are intended to support the complainant while the case is pending. Potential interim measures could force you to:
- Move to a different dorm or off school property completely
- Switch your job shift so the alleged victim is not around you
- Change class schedules so you no longer have a class with the alleged victim
- Be subject to a no-contact order that could cause more issues if you are found to violate it
- Watch the alleged victim be escorted around campus
Because the potential stakes are so high, you should seek legal representation from an experienced Title IX defense attorney.
Potential Problems with Title IX Cases
Title IX cases involve administrative processes and are different for each college, school, university, and educational program. These entities are responsible for creating their own anti-sexual harassment and violence policy. However, our Title IX attorneys frequently see that many do not follow their own policies.
Often, the job of investigating and ruling on these claims is carried out by administrators who have no experience investigating sexual misconduct claims and who lack the necessary knowledge regarding fundamental due process rights. These same administrators may trample on the respondents’ rights in an effort to protect the alleged victim, with no consideration for the truth of the matter.
Some of the problematic issues involved with Title IX cases may include:
- Poor explanations given to a student about their rights if accused of violating Title IX
- Biased investigations, including when Title IX investigators hide or ignore evidence beneficial to the accused
- Panel members who have a biased political agenda instead of a desire to learn the truth
- Not allowing students to question or cross-examine witnesses during administrative hearings
- Not allowing accused students to bring in supportive witnesses
- Trying to deny access to legal counsel
- The unwillingness of hearing panels to consider relevant evidence
- Penalties that are harsh and punitive that outweigh the alleged misconduct
The legal team at KJK Student & Athlete Defense recognizes the potential issues you could face if you are accused of Title IX violations. We are here to staunchly defend your civil rights. If you are charged with a crime related to the Title IX case, our criminal defense attorneys can also defend you in that forum.
Colleges & Universities Throughout Ohio
While Title IX charges can arise from conduct at any educational program or institution receiving federal funds, they often occur in the college setting. Colleges and universities in Ohio include the following:
- Air Force Institute of Technology
- Allegheny Wesleyan College
- American Institute of Alternative Medicine
- Antioch College
- Antioch University
- Art Academy of Cincinnati
- Ashland University
- ATA College
- Athena Career Academy
- Athenaeum of Ohio
- Autman College of Nursing and Health Sciences
- Baldwin Wallace University
- Belmont College
- Bluffton University
- Bowling Green State University
- Bryant & Stratton College
- Capital University
- Case Western Reserve University
- Cedarville University
- Central Ohio Technical College
- Central State University
- Cincinnati State Technical and Community College
- Clark State College
- Cleveland Institute of Art
- Cleveland State University
- Columbus College of Art and Design
- Columbus State Community College
- Cuyahoga Community College
- Daymar College
- Denison University
- Eastern Gateway Community College
- Edison State Community College
- Franciscan University of Steubenville
- Franklin University
- Heidelberg University
- Hiram College
- Hocking College
- Hondros College of Nursing
- James A. Rhodes State College
- John Carroll University
- Kent State University
- Kenyon College
- Kettering College
- Lake Erie College
- Lakeland Community College
- Lorain County Community College
- Lourdes University
- Malone University
- Marietta College
- Marion Technical College
- Mercy College of Ohio
- Miami-Jacobs Career College
- Miami University
- Mount Carmel College of Nursing
- Mount St. Joseph University
- Mount Vernon
- Mount Vernon Nazarene University
- Muskingum University
- North Central State College
- Northeast Ohio Medical University
- Northwest State Community College
- Oberlin College
- Ohio Christian University
- Ohio Dominican University
- Ohio Northern University
- Ohio Technical College
- Ohio University
- Ohio Wesleyan University
- Otterbein University
- Owens Community College
- Pontifical College Josephinum
- Remington College
- Shawnee State University
- Sinclair Community College
- Southern State Community College
- Stark State College
- Terra State Community College
- The Ohio State University
- Tiffin University
- University of Akron
- University of Cincinnati
- University of Dayton
- University of Findlay
- University of Mount Union
- University of Northwestern Ohio
- University of Rio Grande
- University of Toledo
- Ursuline College
- Walsh University
- Washington State Community College
- Wilberforce University
- Wilmington College
- Wittenberg University
- The College of Wooster
- Wright State University
- Xavier University
- Youngstown State University
- Zane State College
How an Experienced Title IX Lawyer Can Help
Our legal team can review the nature of the claims against you, aid in the Title IX investigation process, stand with you during witness interviews, challenge erroneous findings, and represent you in any Title IX hearing. You can trust that we will defend your rights every step of the way. We can also explore options for early intervention and dismissal of charges, such as mediation.
If you are found responsible, we can determine if you have grounds to appeal the adverse decision or ways to mitigate the punishments you are subject to.
KJK Student & Athlete Defense provides comprehensive legal services for Title IX matters. We can represent you in any criminal case that you are subject to based on similar allegations as the Title IX case. We also provide defense in civil proceedings.
We also assist with reputation management, including the removal of negative information online. Our focus is always on protecting your future.
Contact Us Today for a Confidential Consultation Regarding Your Title IX Matter
If you are facing Title IX violation charges, it’s crucial that you retain the services of an experienced Title IX defense attorney. You have the right to an advisor of your choice, and an experienced lawyer is often the best option.
The experienced legal team at KJK Student & Athlete Defense has represented more than 1,000 people in academic cases involving more than 200 colleges and universities. Count on us for help during this critical time. Contact us today to schedule a confidential consultation.
Peer Advice
A Client’s Tips For Facing A Title IX Investigation
I OFFER THE FOLLOWING TIPS
For students who may be involved in a Title IX or related matter, I offer the following tips. First, I recommend that you call a Title IX lawyer before you make any other move. Following that step, one should consider staying away from public statements on the matter. I also recommend that this public silence be countered with engagement in therapy and frequent self-care. Similarly, reach out to the appropriate contact at your school to coordinate supportive measures so that you may continue with your academics. Establishing a list of hobbies and rituals to ground myself was incredibly helpful throughout the ups and downs of the case.
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We will be forever grateful to you for engaging with us to assist our son...
Kristina and Susan are very competent ...
Susan Stone and Kristina Supler represented our male college freshman...
against a false Title IX claim of non-consensual sexual intercourse. Current Title IX laws are strongly slanted in the accuser’s favor, and our son was denied due process by the university. This legal team expertly highlighted the accuser’s false accusations, while exposing the university’s many inconsistencies. They were there when we needed them – quick to take our phone calls or respond to our questions and concerns. Without their expert legal advice, our son would have likely been another silent and unfortunate victim of current Title IX university policies. We give Susan and Kristina the highest of recommendations!
I was a member of a fraternity at a public university...
that was kicked off campus for reported hazing. My involvement with the fraternity was unaware of any misdeeds being done, and was shocked when the school charged me with failure to report hazing. That’s when I contacted Susan and Kristina, who were extremely helpful and wonderful to work with. Thanks to them they helped guide me through collecting proof of my innocence, which ended up leading to the result we wanted of no charges against me. I highly recommend their service to anyone who might need it!
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