April 15, 2023 | Title IX
Do you believe you or someone you love has been falsely accused of a Title IX violation? If so, it is imperative to immediately seek assistance from a defense lawyer who is knowledgeable about Title IX actions.
While these are not technically criminal charges, they should be taken just as seriously because they have the potential to derail a future and result in negative consequences to your academia and career. A lawyer can explain the nature of the allegations against you and provide qualified legal assistance.
What Is Title IX?
Title IX of the Education Amendments of 1972 is sweeping legislation that provides protection from discrimination, harassment, and abuse based on sex. This law applies to any educational program that receives federal funding, including public and private colleges and universities.
Broadly, this law prohibits an educational program from excluding someone from participating in a program or activity or denying someone a program’s benefits because of their sex. These violations can result in claims against the school itself. However, the law also prohibits discriminating against someone based on sex, which can be a claim made against the school and/or individuals.
What Are Common Title IX Violations?
Some of the most common Title IX violations include:
If a person attempts or completes a sexual act with someone without their consent in a campus setting, they can face criminal charges. However, they can also be the subject of a Title IX claim.
Violent conduct, intimidation, or threats of physical violence committed by one intimate partner on another can also form the basis of a Title IX violation.
Additionally, colleges, universities, and their agents can face Title IX action if they fail to respond appropriately after receiving a complaint about sexual assault. Recently, many colleges and universities have been criticized for failing to respond or not responding aggressively enough to claims of sexual violence. This has resulted in more schools acting swiftly without investigating to prevent themselves from being financially sanctioned.
Sexual harassment may take many forms and form the basis of a Title IX claim, including:
- Offensive remarks about a person’s sex, gender identity, gender expression, or sexual orientation
- Physical harassment of a sexual nature
- Unwelcome sexual advances
- Requests for sexual favors or quid pro quo arrangements
- Voyeurism or exhibitionalism
- Threats of physical violence based on a person’s sexuality or gender identity
Sexual harassment is a form of sexual discrimination.
Discrimination in Athletics
A Title IX action can arise if a school does not offer the same opportunities for students of one sex in regard to athletics as it does to students of the other sex. This does not only apply to being able to access the program.
A violation can also occur if any of the following are of different quality based on the sex of the athletes:
- Tutoring assistance
Title IX requires schools to create equal opportunities for all athletes on their campuses.
Even if the underlying complaint regarding sexual discrimination, assault, or violence has been found to be unsubstantiated, programs can still be subject to Title IX claims for retaliation. For example, if they take adverse action against the claimant or anyone else aiding in the investigation due to their assistance or complaint, they can face a violation.
Other Common Title IX Violations
There are many other possible violations of Title IX, which may include doing any of the following on the basis of sex:
- Discrimination in student living
- Providing more opportunities for some students than others
- Discrimination against employees
- Denying salary increases
These are a few examples, but there are many more potential violations.
Contact a Cincinnati Title IX Defense Attorney for Legal Help
If you or your child has been accused of a Title IX violation, it is essential that you understand Title IX and how to avoid mistakes that could negatively impact your rights. You can contact a criminal defense lawyer who is experienced in Title IX actions for assistance.
Suhre & Associates, LLC – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202