Title IX Defense in New York

Understanding Title IX and Its Impact in New York Schools

Title IX is a federal civil rights law that was enacted as part of the Education Amendments of 1972. Its primary goal is to prevent discrimination based on sex in educational settings. While Title IX is often associated with gender equity in sports, its reach extends much further, covering all areas of education, including course offerings, counseling services, financial aid, health and insurance benefits, housing, and employment. The law applies to any educational institution that receives federal funds, from elementary and secondary schools to colleges, universities, and vocational programs.

Institutions are required to have policies and procedures in place to handle complaints of sexual discrimination, including sexual violence and harassment. Failure to comply can lead to the loss of federal funding, which makes these institutions take such complaints very seriously.

What Constitutes a Title IX Violation?

Title IX violations cover a wide range of behaviors. Some examples include:

• Sexual Misconduct: This broad category includes behaviors such as sexual harassment, sexual assault, dating violence, domestic violence, and stalking. Any unwelcome conduct of a sexual nature that is severe, pervasive, and objectively offensive may be considered a violation if it effectively denies someone equal access to educational opportunities.
• Retaliation: Title IX also protects individuals who report sex-based discrimination or participate in investigations from unlawful retaliation. This could include unfair grading, exclusion from school activities, or demotion in academic or athletic positions.
• Hostile Environment: A hostile environment occurs when discriminatory behavior or sexual harassment is so severe that it interferes with a person’s ability to participate in or benefit from an educational program or activity. This might include gender-based slurs, suggestive jokes, sexual advances, attacks on gender identity, sexual violence, pregnancy discrimination, or other actions that create an intimidating or offensive environment.

Potential Consequences of a Title IX Accusation

A Title IX accusation can lead to severe consequences that may impact your academic and professional future. Understanding these potential outcomes highlights the importance of facing the allegations with skilled legal representation.

• Suspension: A suspension can severely disrupt your educational progress. It may become difficult to transfer to another institution or continue your studies without interruption. When applying to another school, you may be required to provide your academic records, including any suspensions, which could influence the admissions process and your ability to graduate on time.
• Expulsion: Expulsion is among the most severe penalties because it leads to permanent removal from your institution. This action will be recorded in your academic history and any future applications to other schools will require you to explain the circumstances of your expulsion. Failure to disclose this information can result in revocation of acceptance if discovered later.
• Degree Revocation: In some instances, institutions may revoke a previously awarded degree if they determine that the student committed a serious violation of Title IX or other misconduct. This can have a profound effect on your career, especially if you were pursuing advanced studies or professional certifications that rely on your existing degree.
• Loss of Financial Aid or Scholarships: A Title IX violation can lead to the loss of financial assistance, including scholarships. For student-athletes, this may also mean disqualification from participating in sports or intercollegiate activities, directly affecting their scholarships and financial support. This financial strain can make it difficult to continue your education without the necessary funding.
• Loss of Eligibility for Athletics: Students accused of Title IX violations may lose their eligibility to participate in college athletic programs, which can have both academic and athletic repercussions. This loss can jeopardize scholarships and reduce opportunities for professional careers in sports.
• Loss of Leadership Roles: Students who hold leadership positions within student organizations or serve in roles such as cadet in ROTC programs may be removed from these positions if accused or found guilty of Title IX violations. This can lead to disenrollment from programs, loss of scholarships, and even repayment of funds already awarded.
• Damage to Reputation: Beyond the official penalties, a Title IX accusation can cause lasting damage to your reputation within your academic community and beyond. This reputational and social stigma can affect future employment opportunities, social relationships, and overall standing in your community.

It is important to note that you have certain legal rights during an investigation. This includes the right to be treated fairly and without bias. You are also entitled to present relevant evidence, call witnesses, present witness statements, and have an advisor (including an attorney) present during meetings and hearings. You also have the right to receive written notice of the allegations and to be informed of the outcome of the investigation. A Title IX defense lawyer can help ensure that your rights are upheld at all times.

Does Title IX Only Apply to Students?

Title IX does not only affect students; it also applies to faculty, staff, school officials, and other individuals involved in educational programs and activities at institutions that receive federal funding. Title IX is designed to prevent sex discrimination across all aspects of education, which means that any person, whether a student, teacher, coach, or administrator, can file a complaint or be subject to a Title IX investigation if the school believes there has been a violation. 

What Should I Do If I’m Accused Of A Title IX Violation?

The first step is to remain calm and seek legal counsel right away. Don’t attempt to handle the situation on your own, as Title IX cases involve complicated legal issues that require professional guidance. Contacting an experienced Title IX attorney, like those at Kohrman Jackson & Krantz, will help you understand what to expect and help you collect the exculpatory evidence needed to present a compelling defense.

Can I Appeal A Title IX Decision If I’m Found Guilty?

Yes, you generally have the right to appeal a Title IX decision. The grounds for an appeal typically include procedural errors, new evidence, or an argument that the decision was not supported by the evidence presented. An experienced attorney can help you file an appeal and represent your interests during the appellate process.

How Long Does A Title IX Investigation Take?

The length of a Title IX investigation can vary depending on the case itself and the specific institution’s policies. Some investigations may be completed in a few weeks, while others can take several months. Institutions are required to conduct investigations promptly, but it’s essential to ensure that the entire process is thorough and fair. Your attorney can help manage timelines and advocate for a timely resolution.

Will My Title IX Case Be Kept Confidential?

Title IX cases are typically handled with a high degree of confidentiality, but there are limits. While institutions strive to protect the privacy of all parties involved, certain information may be shared as part of the investigation or hearing process. Additionally, if the case involves criminal charges, information could become public through legal proceedings. Your attorney can advise you on what to expect regarding confidentiality.

The experienced team at KJK focuses on Title IX cases, so we understand the nuances of Title IX laws and the application of Title IX policies all over the country, including those in New York. A Title IX investigation can potentially affect your education, academic career, and reputation. With so much at stake, it’s important to have experienced legal representation that you can trust. Whether you are a student, faculty member, or employee at a New York institution, KJK  is here to advocate for you and ensure that your case is handled with the fairness and integrity you deserve. To schedule your no-obligation consultation and learn more about how we can help, contact us today.