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How a Title IX Lawyer Can Help

Jun 20

When a school receives an allegation of Title IX violations, it must initiate an often-complex disciplinary process with investigations, hearings and sanctions boards. A Title IX Lawyer Tucson will ensure that the proceedings remain confidential, objective and fair.

Title IX violations carry severe consequences that tarnish students’ reputations and make it difficult to gain employment or admission to law school. Having legal guidance throughout these proceedings will prevent schools from undermining students’ rights.

Discrimination

In 1972, the federal government passed a large body of legislation that makes it illegal for educational institutions to discriminate on the basis of sex. Title IX requires schools to treat all students equally based on their sex, regardless of whether the school is large or small. Title IX also prohibits the exclusion of individuals based on their sexual orientation.

To prevent sex discrimination, a recipient of federal financial assistance must evaluate its current policies and procedures that affect the admission of students and treatment of employees. The evaluation must determine if the entity is violating the civil rights laws and, if so, it must make any necessary changes to its policies and procedures.

The OCR investigates complaints and may take administrative action or file a lawsuit in federal court. Title IX attorneys in Long Island can assist people with filing the appropriate paperwork and testifying at any hearings that are required. Title IX lawyers can also document the process to demonstrate that any violations were not accidental or innocent.

Harassment

Harassment refers to unwelcome verbal or physical behavior that creates a hostile educational environment and affects the victim. It can include racial or ethnic slurs, offensive jokes with sexual content, requests for dates or sexual favors, and more. It can also include actions that are based on gender, religion, disability, or age.

Harassment can happen at work or school, in a public place or on private property, and may be perpetrated by a person who is either an employee or a non-employee. It can impact a person’s ability to perform their job well, and may even result in economic damage.

Claimed victims have used Title IX to bring actions against schools for allegedly failing to properly prosecute or punish students who are accused of sexual misconduct. A Maryland Title IX attorney can help ensure that an accused student receives the proper due process and fairness in disciplinary proceedings. They can also monitor the schools’ compliance with the necessary processes and procedures.

Sexual Assault

Sexual violence can occur in a variety of ways. It can include domestic violence, stalking, dating violence, and/or sexual harassment. Title IX, and the related Clery Act, require colleges to protect students from sex-based discrimination.

Colleges must ensure that a survivor of violence, harassment, or discrimination receives care and support. They must also take steps to prevent the violence, harassment, or discrimination from occurring again.

Additionally, a school may not punish a student for filing a Title IX complaint. The school must also disclose to the complainant information about any sanction imposed on the perpetrator of the harassing behavior.

A skilled Long Island Title IX lawyer can make sure that you are fully informed about all proceedings involving your case. An attorney can also monitor the disciplinary process to ensure that the school follows its procedures. Depending on your status, the outcome of a disciplinary proceeding can impact your future, including your ability to enroll in classes or to find housing.

Stalking

Stalking can include unwanted and repeated contact by phone, email, text or social media, showing up at an individual’s home or work, following them, or sending them gifts. These behaviors may seem harmless if looked at individually, but when viewed in the context of a pattern they are alarming and should be reported to the police immediately.

Victims are encouraged to seek out support services for emotional and mental well-being. In addition, they should know that, by law (the Clery Act), schools must provide them with information about the outcome of any institutional proceeding alleging sexual harassment including sanction information.

If a school fails to resolve a complaint through their internal processes, students can file a civil lawsuit against them. A Title IX lawyer can help with this process by filing the correct paperwork and testifying in any required hearings. They can also be helpful in negotiating a settlement that meets the student’s needs. This can be a stressful and traumatic time for both the complainant and the respondent.

 

 

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