Charlottesville Title IX Defense Attorney
Protect Your Reputation by Calling Us Today
Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) is a federal law that prohibits sex discrimination in educational institutions. So long as the institution receives any federal funds it is covered. Title IX sweeps broadly and covers most colleges, universities, for-profit schools, charter schools, and school districts. Title IX also covers educational programs at many institutions, such as museums and libraries.
Title IX has proven controversial, and the application of the law is in flux. If you have been accused of a Charlottesville Title IX violation, you need an attorney immediately. Contact MichieHamlett today.
Examples of Title IX Cases
Any law that prohibits sex discrimination could sweep very broadly—and Title IX does. It protects men, women, and transgender individuals. It also protects students and employees. Some of the more common cases involve:
- Sexual harassment
- Sexual assault
- Gender or sex discrimination
- Discrimination against mothers or fathers
The law also prohibits retaliation against an individual who reports potentially unlawful harassment or discrimination. For example, a student who reports harassment cannot receive lower grades, more coursework, or a reduction in playing time on an athletic team.
An employee who reports possible sexual discrimination cannot suffer any adverse action, such as lower pay, demotion, or termination. This type of retaliation is illegal, and victims can receive a variety of damages.
Sexual Assault Allegations
Title IX has received the most attention for the ways schools have implemented investigations into alleged sexual assault on campus. Many people have complained that universities and colleges have turned a blind eye to allegations of sexual assault between students.
The Department of Education has issued guidelines that schools must follow, but many have recently changed. For example, the old regulations allowed universities to make findings of responsibility without holding a hearing and prohibited the accused from cross-examining the alleged victim. Universities could also suspend students and take other actions before even opening an investigation.
Students have suffered dismissal and injury to their reputations without any meaningful chance to respond. Unlike in criminal cases, students can be found responsible under a lower evidentiary standard (preponderance of the evidence) and have few if any appeal rights. The Department of Education recently made changes that provide greater due process rights to students. However, a new administration could change them again.
Defending against a Title IX Allegation
Anyone working in an educational institution could be named in a complaint. The university/institution itself can also be named as a defendant.
Our Charlottesville Title IX defense attorneys can represent anyone facing an allegation of sex discrimination. We can defend:
- Student teachers
- Athletic team physicians and other staff
A key in this type of case is to hire an attorney promptly, as soon as you catch wind of a complaint or investigation. As mentioned above, defendants do not have the full complement of Constitutional protections because these are civil suits. Nevertheless, a finding of responsibility can dramatically impair your future, so a vigorous defense is appropriate.
Speak to a Charlottesville Title IX Defense Attorney Today
Some defendants make critical errors when they speak to investigators without first consulting legal counsel. Let us help you. The sooner you call, the stronger your defense will be. Call MichieHamlett to schedule a consultation.