Title IX Defense South Carolina
Serving students & Faculty nationwideIf you or your child has been accused of violating Title IX, the situation is serious and requires a legal defense that is just as serious to protect against these charges. Title IX charges are among the most serious disciplinary charges that a school, college, or university can assemble. Title IX allegations can pose significant negative effects for your career, education, and reputation, so having the assistance of an experienced Title IX defense lawyer is essential.
The legal team at KJK Student & Athlete Defense has extensive experience handling these types of cases and wants to help protect your future. Contact us today for a confidential consultation to discuss your situation with a seasoned legal professional and learn more about the pathway forward.
What Is Title IX?
Title IX is a wide-sweeping law that prohibits sex discrimination at educational institutions that receive federal funding. Congress enacted this federal law under its spending power, which is why it is triggered for any educational institution or program that receives federal funding. Under this law, if a school does not prohibit faculty, administrative staff, students, or others from sexually assaulting, sexually harassing, or committing other violations under its purview, it can lose its federal funding.
Additionally, Title IX requires schools to provide equal opportunities to both sexes in school programs. If a student sexually assaults another student, the school must act promptly to investigate the allegations and take appropriate corrective action. Federal officials can charge a school that receives federal funds (including by providing its students with federal loans) with Title IX violations for failing to adequately protect students from sexual misconduct or discrimination.
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What Areas Does Title IX Apply To?
Because nearly every college and university receives federal funds, Title IX likely applies to it. The original intent of the law was to provide equal opportunities to students of both sexes, starting with admissions and enrollment decisions. Over time, it has evolved.
It helped ensure that female athletes would get the same opportunities and funding as their male counterparts. Now, colleges and universities are expected to take necessary measures to prevent sexual violence and campus misconduct and to discipline students when they commit misconduct described under Title IX and their internal policy.
Title IX also applies to K-12 education, libraries, vocational rehabilitation programs, and other educational programs and initiatives that receive federal funding.
Some of the areas that Title IX can affect include the following:
- Academic instruction
- Admissions
- Athletics
- Employment
- Extracurricular activities
- Hiring
- On- and off-campus activities organized or sponsored by educational institutions
- Residence life
Due to the wide-sweeping nature of Title IX, many students and others find themselves facing Title IX allegations without understanding what they may have done wrong.
Common Types of Title IX Cases
Title IX prohibits various forms of sexual discrimination, including:
Sexual Assault
Sexual assault or rape can be a form of sex discrimination. Schools are expected to respond to reports of sexual violence that occur on campus or during school-sponsored activities.
Dating Violence
Dating or domestic violence may include physical violence between people involved in a dating relationship. Dating violence could include giving a romantic partner a date-rape drug, alcohol, or other intoxicant to deprive another of the ability to consent to sexual conduct.
Sexual Misconduct
Sexual misconduct could include non-consensual sexual touching or even sexual activity that appeared consensual. Many schools have policies that require affirmative consent, meaning both parties must not only not say no but also say or express yes.
Stalking
Stalking may also be considered a Title IX violation under certain circumstances.
Sexual Harassment
Title IX can extend beyond conduct that is considered a sex crime. It can include instances of sexual harassment.
There are generally two categories of sexual harassment in the educational setting: quid pro quo or hostile environment sexual harassment. The first form of sexual harassment involves the exchange of sexual favors for more favorable treatment or threatening negative action if the victim refuses to comply with unwanted demands for sexual favors.
The second form of sexual harassment occurs when someone’s sexual harassment is so severe or pervasive that a reasonable student would regard the environment as so hostile as to deprive them of an educational right or privilege. Various acts can involve sexual harassment, including:
- Unwanted sexual advances
- Touching
- Sexual jokes
- Sexual innuendo
Gender-Based Discrimination
Title IX can be violated if people of one sex are treated differently from people of another. More liberal interpretations include discrimination based on sexual orientation, gender identity, and gender expression.
Parental Discrimination
If a faculty member treats a student less favorably because they are pregnant, nursing, or a parent, this could be considered a form of prohibited discrimination under Title IX.
South Carolina Colleges and Universities
South Carolina is home to many colleges and universities, including the following:
- Aiken Technical College
- Allen University
- Anderson University
- Benedict College
- Bob Jones University
- Central Carolina Technical College
- Charleston School of Law
- Charleston Southern University
- Claflin University
- Clemson University
- Clinton College
- Coastal Carolina University
- Coker University
- College of Charleston
- Columbia College
- Columbia International University
- Converse University
- Denmark Technical College
- Erskine College
- Florence–Darlington Technical College
- Francis Marion University
- Furman University
- Greenville Technical College
- Horry-Georgetown Technical College
- Lander University
- Medical University of South Carolina
- Midlands Technical College
- Morris College
- Newberry College
- North Greenville University
- Northeastern Technical College
- Orangeburg–Calhoun Technical College
- Piedmont Technical College
- Presbyterian College
- Sherman College of Chiropractic
- South Carolina State University
- Southern Wesleyan University
- Spartanburg Community College
- Spartanburg Methodist College
- Technical College of the Lowcountry
- The Citadel, The Military College of South Carolina
- Tri-County Technical College
- Trident Technical College
- University of South Carolina
- Voorhees University
- Williamsburg Technical College
- Winthrop University
- Wofford College
- York Technical College
The Potential Consequences of Title IX Charges
Students, faculty members, and parents alike should take any allegations of Title IX violations very seriously. While the case is not criminal in nature, a finding of responsibility can still result in significant consequences. Additionally, there is no guarantee that the same facts that support a Title IX case will not support a criminal matter.
In our extensive experience, we have seen colleges, universities, and other educational settings apply the following penalties to people found responsible for violating Title IX:
Expulsion or Suspension
Perhaps the most serious consequence for a student found responsible for violating Title IX is expulsion from school. This can ruin their academic career. It can also limit their opportunities for the future, as the expulsion will likely be shared with any other educational program that the student applies for in the future.
Even if the student is suspended and not expelled, the consequences can still be grave. Many academic courses are structured so that there are few opportunities for grading. If a student misses only one or a few of these opportunities, their grades may suffer as a result. This can lead to them failing courses, having to repeat them, having to pay additional tuition for longer terms in school, being placed on academic probation, or losing their financial aid. What may have seemed like a night of poor judgment could haunt your child for years to come.
Degree Revocation
Title IX cases sometimes take months to conclude, so it is possible for a student to graduate after being accused of violating this crucial law. Just because they have graduated does not mean that their case ends. In some situations, the college may revoke a degree it has already issued.
Disruption to Your Studies
You might have to withdraw from courses, take course incompletes, or delay your studies due to the allegations against you, even without a formal expulsion or suspension. Sanctions can appear on your school transcript, preventing you from transferring to another school or entering a graduate program.
Job Loss
If you are a faculty member, professor, member of the administrative staff, or work on campus, you could lose your job or tenure due to the allegations against you. This sometimes occurs even if you are ultimately found not responsible for violating Title IX, as many academic institutions want to distance themselves from any potential scandal.
Loss of Financial Aid
Another significant risk of being found responsible for violating Title IX is the potential to lose financial aid. Without the resources to attend school, your academic career could be over.
Loss of Athletic Involvement
Unfortunately, Title IX targets student athletes disproportionately, compared to the demographics of others accused of violating its mandate. Student athletes can lose their position on their team and any associated athletic scholarships if they are found to be in violation of the student code of conduct or Title IX.
Change of Schedule
You may be required to change your school or work schedule, even if this is only a preliminary supportive measure. This can be disruptive if you have gotten used to a routine and other parties find out the reason for the change.
No-Contact Orders
As another so-called supportive measure, you may be ordered not to have any contact with the alleged victim. If you violate this order, you could face additional penalties. If you are found responsible for violating Title IX, you could face longer-term no-contact orders, which can prove disruptive to you and your education.
Privilege Bans
You could also be ordered to stay away from other locations on campus, such as libraries and dining halls. You could be removed from leadership positions and kicked out of school organizations.
Change in Housing
You could be ordered to switch dorms or to exit campus housing entirely. This abrupt change in the middle of the semester could cause you personal and financial harm.
Mandatory Training or Counseling
Whether as a member of the faculty or as a student, you may be required to complete remedial education, meet additional training requirements regarding anti-discrimination or affirmative consent rules, or participate in mandatory counseling as a condition of your punishment. You could also be required to complete community service. These additional demands on your time can make it difficult to focus on other matters.
Collateral Consequences
If you are found responsible for violating Title IX, you can face additional consequences, including less direct forms of punishment, such as loss of transportation, a social life, health insurance, and other privileges you once enjoyed. You could lose school honors or awards.
Criminal Consequences
Sometimes, Title IX cases evolve into criminal investigations. This is why it is critical to work with a criminal defense attorney from KJK Student & Athlete Defense who can help you navigate a Title IX case without jeopardizing your rights in an ancillary criminal case. Our attorneys are seasoned in both arenas and can work tirelessly to protect your legal rights.
Civil Consequences
The same facts that provide a foundation for a Title IX case could also lead to civil charges against you. An accuser could sue you for assault or other forms of misconduct. Our legal team is equipped to help you with any related civil complaints.
Reputation Damage
A finding of responsibility – or sometimes even the mere accusation of sexual misconduct – can cause considerable damage to your reputation. Sometimes, grants and scholarships rely on good standing and reputation. You could potentially lose these due to unsavory accusations. Professors and deans may refuse to give good references or stellar recommendation letters. Information about the situation can remain on the internet for years to come.
KJK Student & Athlete Defense provides robust legal services, including reputation management services. We can help protect your future – and your reputation.
Contact Us to Protect Your Rights
If you or your child has been accused of violating Title IX, time is of the essence. You need to take decisive action to protect your future. The skilled legal team can discuss your legal rights and options and how we can help when you contact us for a confidential consultation. Reach out today to get started.
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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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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K-12 Student DefenseKJK’s Student & Athlete Defense practice group is here to protect your child’s future. Defending students of all ages, our team is here to make sure your family is given fair treatment when it comes to disciplinary actions issued by your school district.
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