Possible repercussions for breaking Title IX
As a member of many notable legal organizations, Joseph Lento understands the complexities of these cases. He has successfully handled numerous cases involving Title IX issues, and is a sought-after litigator nationwide. The Lento Law Group has offices in Texas, New York, New Jersey, and Connecticut, and works with affiliates nationwide to provide legal representation. His dedication to the law is reflected in his reputation as a member of numerous legal associations.
In an effort to protect students from discrimination, the United States Supreme Court ruled in 2012 that the Eleventh Amendment does not bar the right to sue for violations of Title IX. The Supreme Court said in Cannon that the Eleventh Amendment does not bar Title IX lawsuits. Further, it was clear that Congress intended to use Title VII as a comprehensive remedy in combating discrimination against students.
Federal funding for colleges that disobey Title IX regulations may be withheld by the Department of Education. It is unlikely, though, that the school will be punished for failing to appoint a Title IX coordinator. Even if a student is found to be innocent following a Title IX investigation, the university may nevertheless take disciplinary action against them. The university can also be compelled to make reparations to the wrongdoer. Despite this, there are still legal repercussions, including potential criminal charges, if the university fails to designate a Title IX coordinator.
The University of Houston's Equal Opportunity Services office declined to comment on Megan Hilliard's case, citing the Family Educational Rights and Privacy Act. However, the university commended the law's accomplishment, stating that it takes all sexual misconduct reports seriously. It also offers counseling and accommodations to victims. The University of Houston conducts a thorough investigation, which is overseen by an independent hearing panel.
A federal lawsuit may be filed in order to address the rights of students as well as any Title IX violations. Even though the government might not always be responsible, victims may be entitled to financial compensation. A lawyer may seek monetary damages; the law does not require a plaintiff to exhaust administrative remedies. It's crucial to keep in mind, though, that Title IX lawsuits are not just for pupils at public schools.
A student's right to hire a Title Ix lawyer in Texas is a fundamental part of the right to appeal a violation of Title IX. A student may face disciplinary action, which can lead to expulsion. In the worst cases, a student may not even be able to apply for financial aid or to get a job, if they are convicted. If a student is expelled for an offense, the punishment may extend to years after graduation. If a student is unable to attend graduate school, the case could follow them.
Specifically, Title IX provides that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance."
Title IX requires schools to adopt and publish grievance procedures for students to file complaints of sex discrimination, including complaints of sexual harassment or sexual violence. Schools can use general disciplinary procedures to address complaints of sex discrimination.
Unwanted sexual behavior, advances, or requests for favors. Unwelcomed verbal, visual, or physical sexual conduct. Offensive, severe, and/or frequent remarks about a person's sex. Harassment of a sexual nature which interferes with an individual's right to an education and participation in a program or activity.
Title IX is the most commonly used name for the federal civil rights law in the United States of America that was passed as part (Title IX) of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.
Title IX responsibilities can result in false allegations that nevertheless result in serious consequences before a person is proven guilty, including school suspension and potential expulsion from degree programs. School administrators sometimes have failed to protect the rights of the accused.
Title IX also bars discrimination based on disability. In fact, the scope of this law applies to everything from discrimination to sexual harassment, sexual assault, bullying, cyberbullying, retaliation, stalking and violence.