March 22, 2023 | Title IX
The Biden Administration made the proposed changes to Title IX available for public comment in June 2022. During the 60-day public comment period, more than 238,000 comments were received. Currently, the Biden Administration is set to release a final rule amending Title IX regulations in May 2023.
How Does Title IX Impact Schools and Universities?
Title IX of the Education Amendment Acts of 1972 prohibits sex discrimination at any educational institution, service, or program that receives federal funding.
Examples of education institutions include, but are not limited to:
- Local district schools
- Charter schools
- Universities and colleges
- Vocational schools
- For-profit schools
Title IX requires an institution to operate in a manner that does not discriminate toward individuals based on their sex, gender identity, or sexual orientation. In addition to prohibiting sex discrimination, the law requires institutions to provide their students, staff, and other people on campus with reasonable protection from harassment, abuse, and sexual violence.
Most universities and colleges have Title IX offices that investigate complaints of sexual misconduct. The Department of Education Office of Civil Rights (OCR) is responsible for enforcing Title IX regulations. The OCR can impose sanctions on schools that violate Title IX provisions.
The Biden Administration’s Proposed Changes to Title IX Regulations
Protecting LGBTQ students from sexual harassment and bias is one of the main areas of focus for the Biden Administration. The new regulations broaden the definition of sex-based discrimination and harassment to include sexual orientation and gender identity. The proposed changes would also provide new protections for parents and pregnant students.
The proposed changes to Title IX include, but are not limited to:
- Clarify that Title IX protects against all forms of sex discrimination, including discrimination because of a person’s sexual orientation, gender identity, or sex characteristics.
- Expand the rights of students and employees who experience pregnancy-related conditions.
- Use “severe or pervasive” as the new standard for sex-based harassment.
- Expand a parent’s right to act on behalf of their child.
- Use a reliable and fair process to respond promptly to all complaints of sex discrimination.
- Make requirements for live hearings and cross-examination optional.
- Respond to off-campus conduct when the person represents the institution or is engaged in conduct controlled by the institution.
- Provide support for students and employees impacted by sexual harassment or sex discrimination.
The changes to Title IX could impact complaints against students, teachers, and staff members. A Cincinnati Title IX defense lawyer can provide additional information and legal advice during a free consultation.
Potential Defenses to Title IX Complaints in Cincinnati, OH
Being accused of Title IX violations and misconduct can be overwhelming. The consequences if you are found guilty of the allegations can be severe.
Many types of conduct could result in a Title IX investigation, including but not limited to allegations of:
Students who violate Title IX regulations can face suspension or expulsion from school. They also face losing scholarships and financial aid. Teachers, staff members, and employees who violate Title IX regulations could be fired.
A strong defense is the best way to protect your legal rights. A Cincinnati Title IX attorney investigates the allegations against you and develops a defense strategy based on the facts and evidence.
Potential defenses to Title IX complaints include, but are not limited to:
- You had a consensual sexual relationship with the complainant.
- The complainant had a motive to file false allegations against you.
- The evidence does not support the allegations of sexual assault or harassment.
- You have an alibi for the time and date of the alleged sexual misconduct.
- The institution did not follow the procedures and policies for investigating a Title IX complaint.
In addition to a Title IX complaint, you could face criminal charges related to the allegations. The penalties for sex-based crimes in Ohio can be severe. A criminal defense lawyer who handles Title IX complaints can defend you in criminal court and during the disciplinary proceeding by the school.
What Should I Do if I am Accused of a Title IX Violation?
Do not discuss the case with anyone other than an experienced Title IX lawyer in Cincinnati. Making a statement or answering questions without legal counsel is never wise.
You typically have the right to legal counsel during all phases of the Title IX complaint. Hiring an attorney as early in the process as possible is in your best interest. Without a lawyer, you could make mistakes that hurt your defense.
Contact the Cincinnati Title IX Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202