Title IX Defense in Connecticut

Common Title IX Allegations

Various circumstances can result in accusations of Title IX violations, including the following:

Sex Discrimination 

Title IX was passed to prohibit discrimination in educational settings on the basis of sex, especially in educational programs for science, technology, engineering, and mathematics (STEM). These cases can arise due to unfair admissions policies or decisions, as well as due to inadequate funding for women’s athletic programs. Other examples of sex discrimination that could be in violation of Title IX include:

• Denial of equal opportunity in athletics based on gender
• Unequal allocation of resources between male and female programs
• Biased grading practices
• Unfair disciplinary action based on sex
• Denial of access to advanced placement courses

It’s important to note that under current Title IX laws and interpretations, special rights are not afforded to trans students that align with their gender identity. 

Sexual Harassment 

Sex harassment can form the basis of a Title IX complaint in some circumstances. Various forms of sexual harassment can occur, including:

• Quid pro quo harassment: This form of harassment involves a power imbalance, such as a faculty member or administrator who offers academic favors or threatens adverse consequences in exchange for sex or sexual favors.  
• Hostile environment: Sexual harassment can also form the basis of a Title IX complaint if it is so pervasive or severe that it interferes with a student’s education or their ability to learn and participate in school activities. This form of harassment may be based on unwanted sexual jokes, gestures, comments, or physical contact. 
• Cyber harassment: Cyber harassment, which occurs online, on social media, or in shared videos, has become more common with the widespread use of technology. 

Sexual Assault 

Sexual assault under Title IX includes any sexual act that occurs without consent, including:

• Rape
• Forced or coerced sexual touching
• Other forms of sexual violations

These actions are taken seriously under university policies because they have the ability to profoundly impact victims and the educational environment. These allegations can also give rise to criminal proceedings. 

Pregnancy Discrimination 

Pregnancy discrimination is also prohibited under Title IX. Students might be treated differently or refused accommodations due to their pregnancy, nursing, or parental status.

Title IX Cases vs Criminal Cases 

It’s essential that students facing allegations of violating Title IX understand the similarities and differences between Title IX and criminal cases. Title IX is exclusively reserved for cases involving educational programs that receive federal funding. Any consequences of a finding of responsibility are based on the actions the school can take against you. In contrast, if you are found guilty of a crime, you can face the full range of criminal consequences, including possible jail time and fines. 

Even if you are never charged with a crime or acquitted in criminal court, the school can still conduct an investigation under Title IX and find you responsible for violating its terms. This is often because the burden of proof is much lower in cases involving Title IX, typically only by the preponderance of evidence, as opposed to the criminal court’s much higher standard of proof beyond a reasonable doubt. 

Title IX investigations are based on the individual school’s policies. Accused students are not afforded the same constitutional protections as criminal defendants. They may not have a right to a hearing. 

KJK Student & Athlete Defense team has experience in Title IX and criminal cases, so we can help you through both processes. 

Consequences for a Finding of Responsibility Under Title IX

Students and school employees face serious consequences if they are found responsible for violating Title IX. These negative consequences could include the following:

Suspension 

Being suspended can interrupt your college career. It may be difficult to transfer to another school. Your graduation may be delayed. In some cases, a suspension can result in the end of a college career if you cannot continue and complete your studies. 

Expulsion 

Expulsion can have an even more significant impact on your education. If you are expelled, you are effectively kicked out of your college program. You will be forced to leave university housing. Any school you later apply to will likely find out about the expulsion because you will probably be required to sign a FERPA form releasing your educational records. If you don’t disclose this information with your application and the school later finds out about it, it could revoke your acceptance.

Degree Revocation

Even if you graduate before the Title IX case is resolved, you can still face consequences. The school could revoke your degree upon finding that you violated Title IX.  

Loss of Financial Aid

Just as schools that don’t comply with Title IX can risk losing federal funding, students can lose their financial assistance. This could include losing academic scholarships, loans, and athletic scholarships.

Loss of Eligibility to Participate in College Athletics

Students who are found guilty of sexual misconduct or other violations of Title IX can lose eligibility to participate in college sports. 

Loss of Leadership Positions

Students could also lose leadership roles within student organizations, membership in fraternities or sororities, or clubs. Depending on the circumstances, this could result in disenrollment, loss of a scholarship, the requirement to immediately pay for any scholarships already awarded, and other adverse consequences. 

Loss of Tenure or Job Loss 

If you work on campus, are a faculty member, or are a member of the staff, you can face job termination. You could also lose your tenure.

Colleges and Universities in Connecticut 

Even though Connecticut is a small state, it has many colleges and universities, including:

• Albertus Magnus College
• Asnuntuck Community College
• Capital Community College
• Central Connecticut State University 
• Charter Oak State College
• Connecticut College
• Eastern Connecticut State University
• Fairfield University 
• Gateway Community College
• Goodwin University
• Hartford International University 
• Holy Apostles College and Seminary
• Housatonic Community College
• Manchester Community College
• Middlesex Community College
• Mitchell College
• Naugatuck Valley Community College 
• Northwestern Connecticut Community College
• Norwalk Community College
• Post University 
• Quinebaug Valley Community College
• Quinnipiac University 
• Sacred Heart University 
• Southern Connecticut State University 
• Three Rivers Community College 
• Trinity College 
• Tunxis Community College
• University of Bridgeport
• University of Connecticut 
•  University of Hartford
• University of New Haven
• University of Saint Joseph
• Wesleyan University
• Western Connecticut State University
• Yale University

Process of a Title IX Case

Title IX cases are referred to the Title IX coordinator, who is responsible for notifying the parties of the allegations and their rights. The coordinator handles investigations and may be responsible for making initial rulings regarding sexual misconduct allegations. Each school has its own Title IX policy that it must follow. 

An investigator may be appointed to interview parties and witnesses. They may collect evidence. They prepare an investigative report. The parties have a chance to review the report and to be present at each phase of the case. Many schools have hearing procedures that provide a forum for the claimant to prove their case against the respondent. A hearing administrator or panel may hear the case and render a decision.

Schools must follow federal guidelines to ensure both parties are treated fairly and the accused is afforded due process. If a school makes mistakes or violates the accused’s rights, it’s crucial that they have skilled legal representation from a Title IX defense lawyer who can take the appropriate action.

Contact Our Title IX Defense Lawyers for a Confidential Case Review

If you have been accused of violating Title IX, it’s essential that you seek legal assistance to protect your rights and future. An experienced Title IX lawyer can review the allegations against you, conduct an independent investigation, and lodge an effective defense on your case. KJK Student & Athlete Defense has extensive experience handling Title IX and student misconduct cases. We can put our experience and knowledge to use to build an effective defense on your behalf. Contact us today for a confidential consultation.