Title IX Penalties
nationwide Title ix lawyersTitle IX Explained: Title IX is a federal law created as part of the Education Amendments of 1972 that protects all students and employees from gender discrimination, sexual harassment and unlawful retaliation. This law applies to universities, colleges and any educational institution that receives federal funds. KJK’s top-rated Title IX Attorneys defend and advise students and university employees facing Title IX and sexual assault allegations.
Title IX
What Are Title IX Penalties?
Students found responsible for Title IX violations face a wide array of penalties, ranging in severity depending upon the nature of the sexual misconduct. Because sanctions for Title IX violations can follow a student throughout the student’s academic career and beyond into the professional realm, it’s important that students work with an experienced Title IX attorney to help protect the student’s rights and help navigate the student through a daunting process.
The Title IX Investigative Process
Title IX mandates that schools take seriously reports of sex discrimination, harassment, and sexual assault. If a school does not promptly and properly respond, it risks losing its federal funding. This harsh consequence to the school can result in a school taking swift action, often at the cost of the accused’s due process rights.
After a school learns of a potential violation of Title IX, it must:
- Obtain a formal complaint
- Notify the accused and accuser of their rights under Title IX
- Begin an investigation
- Set up interim support measures
- Provide a grievance procedure
The Title IX coordinator refers the matter to an investigator. The investigator interviews the accuser, the accused, and witnesses. They also gather evidence.
After the investigator finishes the investigation, they prepare an investigative report. Both parties have an opportunity to review the report and respond to it. At some schools, the next step is to determine if sanctions are appropriate. At others, the accused is afforded a formal hearing. If there is a hearing, the accuser is allowed to present witnesses and evidence, as is the accused. After the hearing, there is a finding of responsibility or no responsibility. If there is a finding of responsibility, the accused is subjected to Title IX penalties. Finally, all institutions must afford parties the right to appeal the finding or the sanction.
What You Should Know:
Types of title IX Penalities
No Contact Orders
In nearly every case in which there is a finding of responsibility, schools order that a No Contact Order remain in place. A No Contact Order is an administrative directive issued to the Complainant and Respondent prohibiting the parties from having intentional contact with each other. The restriction on intentional contact is broad and limits in person communication, communication through third parties, and communication through all forms of social media. If a student violates a No Contact Order, the student may face additional student discipline proceedings.
Probation
Probation is a notice to a student that the conduct in issue was serious enough that it could jeopardize the student’s enrollment at the college or university. While a student is on probation, a school may require the student to complete additional requirements such as completion of online education modules addressing topics like consent or drug and alcohol abuse. In addition, a student on probation may face a loss of privileges such as holding a leadership position in a student organization or living in student housing. If there are additional Title IX violations or Student Conduct violations, the student will face escalating sanctions.
Suspension
Suspension constitutes the loss of student status for a period of time. During a period of suspension, a student cannot enroll in classes and there may be a hold on the student’s account that restricts the student’s ability to request a transcript. Although not every school notes a suspension on a student’s transcript, many do. At some schools, suspension even includes a restriction on the student entering campus. If the student does enter campus, the student may face trespass charges.
Expulsion
Expulsion is permanent separation from a school for disciplinary reasons. Like suspension, expulsion too is typically reflected on a student’s transcript. If a student is expelled, it can affect their ability to be admitted to other schools and may permanently bar them from completing their educational goals.
Degree Revocation
Even if you have already graduated, a Title IX finding of responsibility can affect you. If the school finds you responsible for violating Title IX, they can revoke your degree. This means you will no longer be able to claim that you graduated from the college or university, which can impair your ability to find employment after graduation.
Change of Housing
The school could order you to move out of your residence hall and into another one as an interim support measure, even before there is a finding of responsibility against you. In some cases, the school may bar you from living on campus at all. In many communities, this can seriously interfere with your ability to complete your education if you are unable to find suitable alternative living arrangements.
Loss of Financial Assistance
One major way that Title IX violations can affect students is the loss of financial assistance with tuition. You could lose academic scholarships. You could also be required to leave a collegiate team and lose athletic scholarships. With no way to pay for college, this penalty can effectively push you out of school and your academic career.
Job Loss
If you are a student who works on campus, you could be fired from your job. If you are a faculty member or other university employee, you could lose your professional position and tenure.
Loss of Leadership Positions and Club Memberships
You could be required to step down from leadership positions you hold on campus, be forced out of your sorority or fraternity, and be forced off team sports. You could also be prohibited from participating in school clubs.
Mandatory Counseling
The school can require you to seek counseling. This could be at your own expense and disrupt your daily routine. You may have a limited amount of time to show you complied with the request.
Formal Apology
In some situations, you may be required to formally apologize to the complainant, even if you don’t think you did anything wrong. This apology might be public and follow you around, serving as a permanent stain on your reputation. An apology could also be construed as an admission of wrongdoing.
Implications of Other Cases
A Title IX process is not the exclusive remedy for cases involving alleged sexual discrimination and harassment. These cases can sometimes go through the school’s internal disciplinary grievance procedure. These procedures are different for each school and may involve a hearing process. Consent tends to be a widely disputed topic in these proceedings.
Some Title IX cases, such as those alleging sexual assault, may serve as the basis of criminal charges. If you are found guilty of a criminal offense, you can face various penalties, including jail time, fines, restitution, mandatory registration as a sex offender and other consequences. A criminal conviction may severely hurt future education and employment opportunities.
Title IX allegations can also give rise to a civil claim against you. Your accuser can sue you in civil court and seek payment for damages.
With so many dire consequences involved, it’s crucial that you work with an experienced lawyer who can defend you against the charges. KJK Student & Athlete Defense has worked on many cases like this. We also help students and faculty members with any corresponding criminal charges or civil cases and help manage reputations. Contact us today to learn how we can build a holistic defense on your behalf.
Title IX
Who Does TItle ix Apply to?
Title IX applies to:
- Students
- Faculty
- Administrative Staff
- Full- and Part-Time Employees
- Vendors Conducting Business with the Institution
Common Title IX Violations Include:
- Assault and sexual misconduct
- Rape
- Stalking
- Relationship violence
- Sexual coercion
- Gender bias in athletic programs
- Housing discrimination
- Gender bias in the workplace
- Sexually motivated verbal and non-verbal conduct
- Discrimination against pregnant or parenting students
- Creating a hostile educational environment
Facing a Title IX Violation?
Our Experienced Title IX Lawyers Can Defend You
Title IX: Due Process
Accused of sexual assault on campus? Title IX guarantees due process. Our Title IX lawyers fight for it.
Title IX: Advising
Involved in a Title IX investigation? You have the right to an advisor. We are here to help.
Title IX vs. Criminal Charges
College campuses are not court rooms. Don’t let yours become one. Talk to our Title IX Lawyers today.
We Fight for Your Future:
Defend Your Rights with KJK’s Experienced Title IX Lawyers
If you are facing wrongful or unlawful Title IX accusations, do not delay in seeking help. KJK’s experienced Title IX lawyers have a proven track record of defending students, professors, and other higher education professionals nationwide against campus misconduct allegations. Our team is adept in Title IX laws, policies, and disciplinary procedures, ensuring a strong defense for your case.
Protect your rights and future by partnering with our skilled Title IX defense attorneys. Contact us today for expert legal assistance.
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