Have you been accused of sex discrimination or a sex-related offense in an educational setting in Louisville, KY? If so, it’s crucial to take steps to protect your reputation and future.
A Title IX violation is a serious accusation, and the law provides due process to ensure that you’re treated fairly throughout the investigation and resolution proceedings.
A Louisville Title IX attorney at Suhre & Associates, LLC will help you navigate the institution’s procedures and preserve your rights. Our legal team has over 100 years of combined experience advocating for the accused and obtaining justice.
Contact our Louisville criminal defense law firm to discuss the Title IX allegations against you. We’ll listen to your version of what happened, explain your legal rights, and explore your options.
We’re available 24/7, so call (502) 371-7000 or contact us online to get started.
Title IX Defense Attorneys in Louisville, Kentucky
Title IX of the Education Amendments Act prohibits discriminatory practices in educational programs and institutions based on sex. It also includes protections against sexual harassment and other sex crimes.
People accused of violating Title IX are entitled to an opportunity to defend themselves. Unfortunately, many educational institutions don’t always provide the impartiality required by federal law. That’s where Suhre & Associates, LLC can assist.
If you hire our Louisville Title IX lawyers for help, we’ll:
- Review your school’s Title IX policies and procedures or code of conduct
- Explain your rights, provide guidance, and maintain open and honest communication throughout the process
- Gather evidence to attempt to have the Title IX complaint dismissed or informally resolved without the need for a hearing
- Fully prepare you if your case proceeds to formal resolution
- File an appeal and represent you if you’re held responsible for a violation of Title IX
- Protect you in court if the alleged victim files a Title IX lawsuit against you
Some Title IX complaints are accompanied by criminal charges. If you’ve been criminally implicated, we’ll represent you and build a strong defense on your behalf. Contact our Louisville criminal defense lawyers for a free initial consultation to learn more about our legal services.
What is Title IX?
Title IX of the Education Amendments of 1972 protects people against discrimination on the basis of sex in educational programs, activities, and institutions that receive federal funding, including:
- Local school districts
- Charter schools
- For-profit schools
- Vocational education agencies
- Educational agencies
Under Title IX, institutions are required to operate their programs in a nondiscriminatory manner and provide equal access to opportunities for male, female, and transgender individuals. They must also take reasonable measures to protect people on campus from sexual violence and harassment.
The law applies to students, faculty, staff, and employees of covered programs and institutions. It gives individuals the right to take legal action against an institution or person for sex-based discrimination and crimes. Covered schools and institutions must promptly respond to complaints.
Institutions that violate or fail to adhere to the requirements of Title IX may lose federal financial assistance, depending on the severity of the violation. The U.S. Department of Education’s Office for Civil Rights (OCR) enforces Title IX and investigates related complaints.
Types of Cases Covered By Title IX
Title IX might provide legal recourse for individuals who have experienced the following:
- Inequitable treatment based on sex, including in admissions, athletic programs, and participation in scholarship programs
- Gender discrimination
- Sex discrimination
- Discrimination based on sexual orientation
- Sexual harassment
- Sexual assault and violence
- Sexual exploitation
- Domestic violence and abuse
- Dating violence
- Date rape
- Pregnancy discrimination
- Employment discrimination (e.g., unequal pay or access to opportunities based on sex)
- Unlawful retaliation or threats against someone who has made or been involved in a Title IX complaint
If you’ve been accused of any of these offenses or are the subject of a Title IX investigation, contact our Louisville criminal defense attorneys for assistance.
The History of Title IX
The 14th Amendment to the U.S. Constitution was ratified in 1868 to provide all citizens with equal protection under the law. Since its ratification, the 14th Amendment has been used to draft and interpret new laws to protect people in certain protected classes. Title IX is one of those laws.
Before Title IX was passed, women were often excluded from educational programs, including athletics. Female faculty members were also denied opportunities, such as tenure or equal pay. In response, Congress enacted Title IX to address these blatant inequalities in the educational space.
Over the years, Title IX has been broadened to protect people against sexual violence and harassment, which can interfere with one’s education and ability to participate in certain programs.
When Was Title IX Passed?
President Nixon signed Title IX of the Civil Rights Act into law on June 23, 1972.
What is a Title IX Coordinator?
Educational programs that receive federal funding must designate an employee(s) – known as the Title IX coordinator – to ensure compliance with Title IX and other nondiscrimination laws.
These individuals are trained on Title IX’s requirements and understand the types of behavior and actions that fall under the law. They must be well-versed in responding to Title IX complaints and initiating the investigative process in accordance with the institution’s policies and procedures.
They also provide resources, guidance, and support services for students and staff. The Title IX coordinator may be required to train staff and administration on how to identify sex discrimination and other acts that fall under Title IX. Their contact information must be readily accessible to anyone who may have a Title IX complaint, such as on the university’s website.
What Happens During a Title IX Action in Kentucky?
Educational institutions can implement their own policies and procedures for handling Title IX complaints. However, they must comply with the law and promptly and equitably resolve matters. They must also ensure that students and employees have full access to the procedures should they need to file a complaint.
The victim of the alleged misconduct (the “complainant”) will typically file a formal complaint with the institution’s Title IX coordinator. The coordinator will review the complaint and launch an investigation. If safety is an immediate concern, the coordinator may take action to protect the complainant, such as ordering an interim suspension of the alleged wrongdoer (the “respondent”).
Some complaints may be resolved voluntarily through an informal resolution process to avoid a full investigation and hearing.
If the matter isn’t informally resolved, the formal resolution process will begin, and the coordinator will continue the investigation by gathering information and interviewing the parties. Each party will have the ability to present evidence, including witnesses, to prove their case.
If there is no basis for the complaint or it isn’t covered by Title IX, it will be dismissed. This decision can be appealed.
Alternatively, after the investigation concludes, there is typically a hearing, where each party is represented by an advisor or attorney. At the hearing, each party can be questioned, and their attorney can cross-examine the other party and their witnesses (if they submit to cross-examination).
The hearing board will render an opinion. If it finds that the alleged misconduct occurred, disciplinary sanctions will be imposed, which may include:
- A written warning
- Loss of certain privileges
- Disciplinary probation
- Mandatory counseling
- Withholding a degree
- A no-contact order
Either party can appeal the decision and sanctions imposed.
What is “Consent” Under Title IX?
The meaning of consent often comes up in Title IX cases involving sexual misconduct, such as assault or rape. If you engage in sexual activity with someone without their consent, you may face a Title IX investigation.
Consent must be:
- Voluntary: freely given without persuasion, intimidation, or coercion
- Informed and knowing: the person must have the capacity to provide effective consent (for example, if they’re unconscious or impaired due to alcohol consumption, they lack the capacity to give consent)
- Active: just because someone consented to one sexual act doesn’t mean they consent to another, and they can withdraw their consent anytime
- Clear: if someone is silent, it doesn’t mean they consent to the sexual activity; it’s better to explicitly ask or watch for visual cues to determine whether they consent
Whether a claimant consented to a sexual encounter is often fact-specific, meaning it will depend on the circumstances and what happened. It also usually involves the complainant’s word versus the respondent’s. Our criminal defense attorneys in Louisville will gather evidence and protect your rights if you’ve been falsely accused.
Do I Need a Title IX Defense Lawyer?
During the Title IX resolution process, you may choose to have attorney representation. This is probably a wise decision.
Even though the Title IX adjudication process is supposed to be impartial, that’s not always the case. The hearing doesn’t follow typical criminal procedure; the board and coordinator are school/university officials who may provide biased opinions or have a conflict of interest. Trying to go it alone may result in suspension or other negative consequences that follow you for life.
An attorney will help you throughout the investigation and ensure you receive a fair hearing that complies with the institution’s procedures.
Alternatively, if you think you were treated unfairly during the Title IX resolution process, you can appeal the decision. If you go this route, you should retain an attorney for assistance.
Colleges and Universities in Louisville, KY:
- University of Louisville
- University of Louisville College of Business
- Sullivan University
- Bellarmine University
- Simmons College of Kentucky
- Northwood University – Louisville, KY
- Indiana Wesleyan University
- Campbellsville University Louisville Education Center
- Spalding University
- Jefferson Community & Technical College
- Community Correctional Center – 316 E Chestnut St, Louisville, KY 40202
- Louisville Metro Department of Corrections – 400 S 6th St, Louisville, KY 40202
- Louisville Immigration Court-EOIR- 332 W Broadway, Louisville, KY 40202
- US Bankruptcy Court- 601 W Broadway, Louisville, KY 40202
- Jefferson County Court House – 600 W Jefferson St, Louisville, KY 40202
- Jefferson County Family Court- 700 W Jefferson St #703, Louisville, KY 40202
- Kentucky Court of Justice – 700 W Jefferson St #309, Louisville, KY 40202
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.
Contact a Louisville Title IX Attorney at Suhre & Associates, LLC Today.
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