Title IX is a broad law encompassing sexual misconduct claims, including campus sexual assault, sexual discrimination, or sexual harassment, that can have significant implications for those accused of sexual misconduct on school or college campuses. If a student, student-athlete, or faculty member is falsely accused, an allegation will have lasting repercussions for the reputation of the accused. The accused might consider filing a defamation or other tort claim against the accuser if they believe their rights have been violated.
An experienced attorney can review your situation and explain your legal options. Contact KJK Student & Athlete Defense for a confidential consultation.
What Is Title IX?
Title IX is an education law that prohibits discrimination on the basis of sex in any educational program or activity that receives federal financial assistance. This federal law has broad application. Title IX can cover everything from sexual harassment or sexual misconduct.
What Is Defamation?
Generally speaking, defamation occurs when someone makes a false statement of fact about another person that damages their reputation. State laws may define defamation differently, so there can be some variation from state to state. However, defamation generally involves the following four legal elements:
- A false statement of fact: The statement must be one of fact and not opinion.
- Publication or communication: The statement must be published (including online) or communicated to a third party about the subject.
- Degree of fault: Depending on the state and the person being communicated about, the degree of fault may be negligence, malice, or reckless disregard for the truth.
- Damages: In some cases, harm can be inferred if the statement is defamatory on its face, such as accusing someone of committing a crime or corrupt act, questioning their profession, or accusing them of having a loathsome disease. In other cases, the victim of defamation must prove actual damages, such as the financial impact of a damaged reputation.
There is generally a difference between cases brought against a private figure and those brought against a public official or celebrity. In the latter category, the United States Supreme Court explained in The New York Times Co. v. Sullivan, 376 U.S. 254 (1964) that for a public official to succeed on a defamation claim, they must show that the defendant made the statements with actual malice. The Court emphasized the fundamental right to free speech. It stated that the public official must be able to show that the defamatory statement in question was made with knowledge that it was false or with reckless disregard as to its truthfulness.
Many courts make a distinction between libel and slander. Libel is a written form of defamation that includes written statements appearing in:
- Books
- Newspapers
- Online
- Social media communications
- Images
Slander is generally spoken defamation.
Each state varies its standards for defamation and the damages a plaintiff can recover.
What Are Tort Claims?
Tort claims are legal claims based on another party’s wrongful conduct that has caused harm to the person. There are three categories of tort claims: intentional torts, negligence torts, and strict liability torts. Defamation is one example of an intentional tort.
Can I Sue for Defamation Following a Title IX Case?
Whether or not you can sue someone for defamation for filing a Title IX complaint depends largely on state law and the specific circumstances. Statements made in the court of an administrative Title IX investigation are not generally protected in the same way as statements made in criminal proceedings.
Potential Defenses in a Defamation Case
Defenses to a defamation lawsuit may include the following:
Truth
Truth is an absolute defense in defamation cases, as defamation only concerns statements that are false.
Opinion
Defamation must be based on a statement of fact. If someone said or published something that might be construed as an opinion instead of a fact, there may be a defense to a defamation suit.
What Are Privileged Statements?
An issue that may arise in defamation litigation is whether absolute privilege or qualified privilege applies as a defense to the statements in question. Absolute privilege refers to a person’s statements made in a legal proceeding and generally protects them from legal claims against them.
For example, if a witness testifies during judicial proceedings, their statements may be subject to absolute privilege.
In some cases, a party may have qualified privilege. In those situations, someone can make a statement that would ordinarily be considered defamatory, but the specific statement is not considered defamatory because of particular circumstances in which the statement is made.
State Anti-SLAPP Laws
Anti-strategic lawsuits against public participation (SLAPP) laws protect the fundamental right to free speech. They allow for the early dismissal of a defamation claim involving free speech and related rights. Whether a state has an anti-SLAPP and what type of speech is protected under the law should be carefully considered before filing a defamation lawsuit.
Contact Our Student Defense Attorneys Today
Being accused of something that you didn’t do can be terrifying and have long term implications. The experienced Title IX and criminal defense lawyers at KJK Student & Athlete Defense can review your case, explain your legal options, and guide you toward a favorable resolution of your Title IX matter, including any related defamation claims. Contact us today for a confidential consultation.