March 23, 2023 | Title IX
Some students are surprised to learn that the penalties for Title IX misconduct can include terminating college scholarships. A student facing a Title IX action should contact a Louisville Title IX attorney immediately. A vigorous defense can help reduce the risk of losing financial awards for a Title IX violation.
What Is Title IX and How Does It Apply to Colleges?
Title IX of the Education Amendments of 1972 applies to schools and educational institutions that receive federal funds, including colleges, vocational programs, and universities. Title IX protects individuals in educational programs from being discriminated against on the basis of sex.
The law requires educational institutions to provide equal opportunities for all students, regardless of gender or gender identity. It also requires schools to take reasonable measures to protect individuals at the school from sexual violence and harassment.
Title IX also applies to employees, students, staff, and faculty at institutions covered by the law. A person who experiences discrimination, harassment, or sexual violence on campus can file legal action against the institution or the person who committed the sex-based discrimination or crime.
What Are the Disciplinary Sanctions for a Title IX Sexual Misconduct Complaint?
Typically, a Title IX case begins when someone files a complaint with the college’s Title IX coordinator. The coordinator begins an investigation into the allegations of sexual misconduct.
If a coordinator finds no basis for the complaint, they dismiss the case. The claimant can appeal that decision. However, the case is set for a hearing if the coordinator uncovers evidence supporting the complaint.
A hearing board has numerous options for disciplining a student or other party for Title IX violations. Potential disciplinary sanctions the school might impose include:
- A written warning
- Loss of specific privileges
- Mandatory counseling
- Disciplinary probation
- No-contact order
- Withhold a degree
When a student is expelled or suspended because of the Title IX decision, the student loses scholarships, grants, student loans, and other financial assistance. Most financial awards require the student to be enrolled and attend classes to receive financial assistance. The loss of financial awards can be a devastating consequence of a Title IX sexual misconduct complaint.
What Types of Conduct Can Result in a Title IX Complaint?
Title IX prohibits colleges from using sex-based discrimination in their programs. However, the law also covers a wide range of conduct a student might engage in against another student.
Examples of Title IX misconduct that could result in terminating a college scholarship and other financial awards include:
- Dating violence
- Sexual assault and violence
- Domestic violence and abuse
- Sexual harassment
- Date rape
- Sexual exploitation
Title IX began as a way to protect people in certain classes from sexual discrimination in educational programs. However, the law expanded to include protections against sexual harassment and violence.
Defending a Title IX Complaint in Kentucky
If you are accused of Title IX sexual misconduct, preparing a solid defense against the allegations is essential. Depending on the circumstances, you could receive a warning. However, you could also face suspension, expulsion, and loss of financial assistance.
Sexual activity without a person’s consent is a common complaint filed under Title IX on college campuses. A person alleges that another person engaged in sexual acts without their consent.
Consent for sexual activity must be:
- Given freely and voluntarily without threats or intimidation.
- Clear and active. A person’s silence does not mean consent. Likewise, consent to one sexual act does not imply consent to other sexual activity.
- Given when the person has the capacity to provide effective consent because they are informed and know they are consenting to sexual activity. Being intoxicated or unconscious means they lack the capacity to give consent.
If you are unsure whether someone consents to sexual activity, ask the person. It is better to seek explicit verbal consent to sexual acts than to assume a person’s body language or cues imply consent.
How Can a Title IX Louisville Title IX Defense Lawyer Help You With Your Case?
Title IX cases should be investigated thoroughly and judged fairly and impartially. However, that is not always what happens.
Title IX hearings are not held in criminal court. Therefore, the hearings are not subject to criminal procedure and rules. Furthermore, the hearing board members might err on the side of caution if the evidence does not entirely clear the alleged abuser or violator.
Therefore, it is best to seek legal advice from an attorney with experience handling Title IX misconduct cases.
An attorney is familiar with the law and the process of investigating and deciding Title IX cases. Furthermore, an attorney gathers evidence and develops a defense strategy to fight the allegations. Trying to defend yourself without a lawyer could result in severe penalties.
Contact the Louisville Title IX Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Louisville
214 Clay Street, Suite A
Louisville, KY 40202