While most students and many attorneys associate Title IX exclusively with sexual assault, the law and its regulations have long covered other misconduct, including dating violence, domestic violence, and stalking. Whether you believe you have experienced this misconduct or you are accused of it, it is helpful to have an understanding of these terms and what they mean in the Title IX context.
Title IX Explained
Title IX is a federal civil rights law that states, “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.” In other words, any educational institution that receives federal funding must implement Title IX.
The law was originally passed to give female applicants the same rights and opportunities regarding higher education during a time when they were often denied admission to college. It also helps provide female athletes with similar opportunities in college athletics, compared with their male counterparts. Today, it is a primary form of recourse to seek accountability after a sexual assault occurs on college campuses.
However, Title IX is not only limited to college settings. As the law states, it applies to any education program or activity that receives federal funding. Therefore, this law could apply at K-12 programs and preschools too.
What Does Title IX Include?
Title IX extends to various forms of sexual discrimination and misconduct. Specific areas the law covers include the following:
Sex Discrimination
Title IX prohibits discrimination on the basis of sex. This applies to admissions, athletics, funding, course enrollment, extracurricular activities, and every other material aspect of education. Discrimination against a student or employee because they are pregnant or a parent is also considered a form of prohibited sexual discrimination.
Sexual Harassment
Under guidelines by the United States Department of Education, prohibited forms of sexual discrimination include the following:
- Quid pro quo harassment: This is the most easily recognized form of sex harassment. It occurs when someone, usually in a position of power, conditions an educational aid, benefit, or service on, or threatens an adverse action due to, unwelcome sexual conduct. For example, a college professor might give a student an F if they refuse sexual contact or an A if they agree to it.
- Hostile environment harassment: A hostile environment arises when sexual conduct is so severe or pervasive that it effectively denies a person equal access to an education program or activity to the extent that a reasonable person would consider it to be of such a degree. This harassment could occur in person or online.
- Sexual violence and misconduct: Acts of rape, sexual assault, dating violence, domestic violence, stalking, or other forms of sexual misconduct can be considered a form of sexual harassment.
Sexual Assault
Title IX borrows definitions from other federal definitions, including the Violence Against Women Act (VAWA) and The Clery Act. Under VAWA, sexual assault includes any conduct proscribed as sexual abuse by federal statute. As such, sexual assault can mean:
- Non-consensual sexual contact
- Sexual violence
- Rape
Dating Violence
Under VAWA, dating violence includes physical abuse, sexual abuse, or the direct threat of sex abuse when the parties are or have been in a romantic or intimate relationship. Schools can consider various factors to determine whether such a relationship exists by considering the following:
- The length of the relationship
- The type of relationship
- How often the parties interacted with each other
Domestic Violence
Domestic violence involves physical abuse, sexual abuse, or a pattern of “any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim” or any violation of any felony or misdemeanor family or domestic violence laws of the jurisdiction where the school is located when the parties are related in any of the following ways:
- Current or former spouses or intimate partners
- People who cohabitated or previously cohabitated with each other as a spouse or intimate partner
- Co-parents of a child
Stalking
VAWA’s definition of stalking means “engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.” This course of conduct involves intentional, repeated, and unwanted actions. For the matter to fall under Title IX’s regulations, the behavior must involve sex discrimination or relate to sexual misconduct or harassment.
Some common examples of stalking in this context could include any of the following:
- Repeatedly following someone across a school campus
- Showing up unexpectedly and repeatedly at a person’s dorm, classroom, or job
- Cyberstalking the alleged victim, such as by sending them unwanted texts, social media messages, direct messages, or emails
- Monitoring and commenting on someone else’s social media accounts obsessively
- Leaving unwanted gifts or other items to the victim
- Recording someone in an intimate setting without their consent
- Gathering personal information about someone without their consent
What Do Schools Have to Do When They Receive a Report of a Title IX Violation?
When a school receives a report or formal complaint of a Title IX violation, federal regulations require the institution to respond promptly, impartially and without deliberate indifference. To meet the requirements, schools must do the following:
- Appointment of a Title IX coordinator: All covered educational institutions must designate at least one person to coordinate compliance with Title IX. This person is responsible for handling complaints, such as receiving reports, explaining rights to the parties, and ensuring the complaint goes through the school’s internal procedures. Every school and educational program that receives federal funding is required to have a Title IX policy, and the Title IX coordinator ensures that this policy is followed.
- Grievance process: Schools must adopt and publish grievance procedures related to prohibited acts under Title IX.
- Investigation: Schools must provide prompt, fair, and impartial investigations for formal complaints. An investigator should be assigned to each case. This person may interview the parties, ask if there are additional witnesses, evaluate evidence, and prepare a summary of their findings. Schools must provide the parties with access to an investigative report and afford the pirates an opportunity to submit a response.
- Supportive measures: Schools must offer free supportive measures to parties to a case. Students may be able to take advantage of various interim support measures, such as:
- Housing adjustments
- Course changes
- No-contact orders
- Counseling
- Resolution: If the school determines that the respondent violated school policy, schools must impose disciplinary sanctions. These can range in severity and can include any of the following:
- Suspension or expulsion
- Warnings
- Academic probation
- Job loss
- Loss of tenure
- Removal from leadership positions
- Being kicked off sports teams
- Losing financial aid
- Degree revocation
- No retaliation: Institutions subject to Title IX must also not retaliate against anyone who reports sexual harassment or other sexual misconduct or otherwise participates in a Title IX investigation or case.
When Sexual Misconduct Triggers Criminal Law Implications
Title IX is not an exclusive remedy. There is nothing that prevents criminal charges from being filed when the underlying actions for the Title IX complaint include alleged criminal behavior. While Title IX is a federal law, many of the allegations that form the basis of these complaints involve the violation of state laws.
Respondents might find themselves defendants in criminal cases if they are charged with:
- Sexual violence: If the respondent is accused of sexual assault, rape, or similar forms of sexual violence, they might face criminal charges for these acts. Sex crimes are generally harshly punished and can result in incarceration and sex offender registration.
- Domestic violence: If the complainant alleges that the respondent abused them or threatened to abuse them and they are in one of the categories that domestic violence laws were enacted to protect, the respondent could face criminal charges related to domestic violence. They may also be subject to civil orders of protection.
- Dating violence: Because dating violence is broadly defined and can mean different things in different jurisdictions, a person could face criminal charges if they are accused of assault, battery, false imprisonment, stalking, sexual assault, or harassment.
- Stalking: Continuous unwanted harassment or following of the victim could implicate the respondent in a stalking criminal charge.
KJK’s Title IX Services
At KJK Student & Athlete Defense, we provide holistic legal services to those involved in the Title IX process. Our legal services include the following:
- Advisory services in Title IX cases: Parties involved in Title IX cases generally have the right to an advisor of their choice. This person can explain their rights, review their school’s Title IX policy, and participate in legal proceedings to the fullest extent allowed by law.
- Criminal defense services: We represent individuals who are facing related criminal charges, shielding them from the harshest consequences in the judicial system.
- Legal representation in civil cases: We can also represent individuals in civil cases related to the Title IX case.
- Reputation management services: We protect the reputations of those involved in Title IX cases.
Call us today to learn more about how we can help with your particular situation.
Contact KJK for Legal Assistance and Guidance
If you are facing Title IX allegations or you are the victim of domestic violence, dating violence, or stalking, turn to the dedicated legal team of KJK Student & Athlete Defense. We can explain your legal rights and help you navigate the process ahead. Contact us today for a confidential consultation.