College Disciplinary and Title IX Proceedings

Title IX Act is a federal civil rights statute passed as a part of the Education Amendments in 1972. The provisions of Title IX prohibit sex-based discrimination in educational activities and initiatives in any public or private secondary and primary school districts, universities, and institutions receiving federal funds. "Sex-based discrimination" can involve sexual harassment, sexual misconduct, or violence, such as sexual coercion, sexual assault, or rape.

At San Diego License Attorney, we understand the complexity of educational disciplinary procedures and the severity of a Title IX violation. Our team has extensive experience in dealing with such cases. If you are a faculty member or student facing Title IX violations or a college disciplinary proceeding, it is important to seek advice from a qualified attorney as soon as possible.

Understanding Title IX Proceedings

Title IX legislation ensures everyone receives equal treatment in educational institutions and activities. It forbids all forms of discrimination based on sex and ensures that no individual is excluded or refused benefits based on these reasons. This legislation promotes equality and gives opportunity to all individuals in the US.

Federal agencies must comply with Title IX's nondiscrimination provisions when issuing financial aid grants. The US Department of Education (ED) normally provides financial aid to various schools and qualifying entities, strictly adhering to this law.

The ED has made significant amendments to Title IX laws, marking a major milestone in upgrading and strengthening the law's implementation after over 40 years. This rulemaking procedure represents a commitment to improving the efficiency and impact of Title IX regulations.

On May 6, 2020, the ED formally enacted the final version of Title IX laws after assessing many public responses. The Department's Office for Civil Rights (OCR) is currently enforcing these laws, listed under the provisions of 34 Code of Federal Regulations (CFR) Part 106.

The Title IX legislation addresses several kinds of discrimination, such as:

• Sexual harassment
• Unequal sporting opportunities
• Gender discrimination in STEM courses and programs
• Pregnancy discrimination

Complaints about job discrimination are often forwarded to the Equal Employment Opportunity Commission (EEOC) after being submitted to the OCR.

Sexual Harassment and Title IX

The ED has issued a rule defining sexual harassment. This ensures that all kinds of sex-based misconduct are covered. By doing so, the Department prioritizes equal rights to learning, which is the primary goal of Title IX.

These laws define sexual harassment as wrongdoing based on sex that covers several activities. These activities are considered inappropriate on school grounds and off-campus meetings and events over which the educational institution has significant authority.

The following are some of the activities:

• An employee who compels someone to engage in inappropriate sexual behavior in exchange for educational perks or assistance. Such conduct should be discouraged and addressed in workplaces.
• Unacceptable actions, such as sexual discrimination or harassment, could hinder an individual's ability to participate in educational initiatives. Dropping and dealing with all misconduct cases allows equal opportunity for all parties involved.
• The concept of sexual assault has broadened to include gender-specific forms such as domestic abuse, dating violence, and stalking. This broader description is based on significant laws such as the Jeanne Clery Act and the Violence Against Women Reauthorization Act.

The ED has identified the distinct qualities of educational settings, which could vary from regular workplaces. As a result, they have established a more specific description of enforceable sexual harassment to protect the rights of all involved parties under the First Amendment. Determining whether actions are sex-based does not require an inquiry into the accused's subjective motives.

When it comes to situations that involve references to sexual behavior or gender, these elements alone can prove that the behavior is "based on sex." The federal Title IX laws state that recipients can still use their non-Title IX laws or codes of conduct to deal with issues such as harassing actions, even if they are not in a position to carry out any action under the DE's definition of enforceable sexual harassment.

Sexual Accusation

Sexual assault charges can adversely affect students. The federal government's pressure on educational institutions to conduct Title IX inquiries and enforce punishments only increases the severity of the matter. Failure to adhere to Title IX rules can lead to the loss of crucial federal funding, causing tension between schools and the federal government.

Concerns have been raised about how college officials handle Title IX cases without having forensic knowledge. Without expert understanding, incidents involving sexual misbehavior might not be fully investigated, resulting in unfair conclusions. It is concerning that a minor allegation could seriously affect the student involved, leading to grave injustice. Legal competence and competent forensic training should be incorporated into these hearings to promote integrity and protect people from erroneous convictions.

Failure to follow disciplinary guidelines can result in severe repercussions, such as:

• Being listed as a sexual offender
• Facing incarceration

Students should know their legal rights and avoid making contradictory comments that could incriminate themselves. By adhering to these rules, students can shield themselves from any legal consequences.

When addressing sexual assault lawsuits, the issues of consent and location are often brought up. Different colleges can have different perceptions of what determines consent. However, applying a common-sense perspective shows that the truth of these facts is frequently more important than one might expect.

Consent is important when participating in sexual acts, and institutions are increasingly acknowledging its significance. By defining consent as a clear and intentional choice, they emphasize the importance of an open and mutually comprehensible interaction. This comprises verbal and non-verbal indicators suggesting an intention to cooperate.

However, consent cannot be considered if one of the individuals is silent, inactive, or does not resist the sexual acts. Proper consent requires active engagement and open communication by all parties in question. Both parties should explain their goals and clearly know the nature, scope, and purpose of every action undertaken.

College Disciplinary Procedures

Colleges are permitted to create their own policies regarding disciplinary measures. However, they need to follow the rules the federal government sets. In Title IX litigation, the following are considered crucial:

• Fairness
• Efficiency
• Thoroughness
• Impartiality

To ensure a fair procedure, each party should have an equal opportunity to summon witnesses and submit evidence.

Title IX claims are taken very seriously and must be investigated exhaustively within sixty days of filing. The deadline may be pushed in certain situations if the witness is absent.

As soon as the accused is informed of the issue, they should contact Title IX case investigators to discuss the matter and assess the charges. It is crucial to remember that although attorneys can provide advice, they cannot act in place of the accused. Any issues rightfully brought up will be the subject of a rigorous inquiry.

The allegations and any supporting documentation that the reporting party may have supplied will be carefully examined by the investigation team throughout the inquiry. Additionally, they will look into the accusing party and review the defendant's arguments.

After completing these procedures, they will look into the finalized investigation report, which should include a complete summary of every detail submitted. Title IX investigators aim to carry out an impartial and exhaustive evaluation procedure.

The report's objective is to determine whether the alleged violations occurred. If your college has reason to believe you are involved in criminal activity, they will notify the proper authorities and initiate a formal inquiry. You will receive further instructions once the investigation is finished.

The burden of proof in Title IX cases differs from that in criminal cases. Title IX investigations are conducted under the "preponderance of the evidence" principle. On the other hand, criminal courts need proof beyond a shadow of a doubt.

This means you could still face repercussions even though the hearing committee is only moderately convinced that the allegations are accurate. The Title IX investigators receive the final report, after which they will use the information to propose a suitable punishment.

When an investigation is conducted, the student(s) involved—victim and accused—are emailed copies of the investigation's findings. The penalties for misconduct could be rather severe; they may consist of community work, counseling, and compensation, or they can involve probation and class exclusion.

Additional possible consequences include warnings, being kicked out of a club or housing provided by the school, being suspended for a certain amount of time (such as one semester to an entire year), or being expelled.

When a Recipient Is Held Responsible for Harassment or Sexual Violence

Those who are accused of sexual harassment need to respond appropriately and seriously. Knowing about these allegations is insufficient. An act of intentional discrimination occurs when there is an intentional lack of interest in resolving the complaints that have been reported. Individuals who know of, or should have known about, the harassment allegations cannot choose to ignore or disregard the duty to respond.

Under Title IX, recipients are only required to react if they are aware of the alleged accusations. This means that the individual who can initiate corrective actions for the recipient, such as a Title IX coordinator, ought to have notified them.

A notice is issued when a Title IX officer or coordinator receives information or knows about a potential violation or event. Among them are:

• The recipient receives information about the sexual harassment allegations or is accused of it by a victim or by someone else, such as the victim's acquaintance, parent, or peer
• Acquires information through another source
• Witnesses the acts of harassment
• Receives a written or verbal complaint regarding claims of harassment

Reporting is open to all individuals, regardless of whether they are not the victims. The person who received the report cannot be held accountable if the person who received the report has acted appropriately using the information at their disposal or has adhered to all relevant guidelines. However, it should be mentioned that the person being charged may still face more accusations of harassment.

Title IX Rights and Regulations

Title IX forbids retaliation and provides essential protections against gender discrimination and sexual harassment to employees and students. Both men and women are covered by these protective measures, as are transgender people.

Additionally, Title IX guarantees parental learners' safety by mandating that schools offer equal opportunity for mother-daughter and father-son services or programs. The agreement guarantees everyone's equal access.

The law forbids any kind of harassment or discrimination that might follow an accusation, ensuring an inclusive and fair atmosphere. 

Some instances of unlawful retaliatory treatment include the following:

• You may be suspended or expelled from an organization or program for certain acts or infractions
• Lowering your academic course grades
• Denying involvement in sports, moving players to less appealing places on teams, or cutting down on the amount of time spent playing sports
• Harassment on the sports field or in school

What Should I Do If I Receive Notification That I Am Subject To a Title IX Claim?

The stakes are very high when it comes to universities and colleges pursuing Title IX claims aggressively. Some people are unaware of what is at risk for their lives and long-term prospects. If you have been informed that you're the subject of a Title IX allegation, you must take the required actions to guarantee a positive outcome.

Attempting to secure a favorable outcome at a Title IX disciplinary hearing could be your best option. Do not wait until after you have been found guilty of the allegations to attempt an appeal. It is wrong to attempt to lessen the effects after you were sanctioned.

The process will proceed swiftly. To receive unbiased advice, assist with strategic decision-making, and be prepared for the hearings and interviews at the college, your best bet is to hire a consultant and contact an experienced license attorney. A lawyer will ensure the school complies with all Title IX guidelines. Additionally, they can provide the legal assistance you require to go through this trying period.

Find a Professional License Law Firm Near Me

If you want to find out if there were any violations of your rights during the disciplinary processes or procedures involved in the Title IX hearings, you need to consult with a qualified attorney immediately. If you are involved in a Title IX proceeding at your institution, our lawyers at San Diego License Attorney can review the protocols in place to protect students' rights to due process and basic fair treatment. Call us at 858-665-2455 to discuss your Title IX violation case and let you know your rights.