Title IX Attorney Florida

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While Title IX aims to eradicate gender discrimination in educational settings, VAWA has broadened the responsibilities of college investigators. Colleges are now required to publish their security procedures and crime data. Schools must follow specific protocols for reporting crime statistics under both Title IX and VAWA. However, the school has the discretion to raise the threshold of proof in situations involving domestic and dating violence. If it can demonstrate a Title IX violation, the school should be held responsible.

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Under Title IX, the standard of proof is a preponderance of the evidence, which requires the alleged victim to prove that the accused raped the other student more often than not. This standard is particularly important because a finding of "more likely than not" that a student raped another student can result in the accused student remaining on campus with the victim. Unfortunately, Title IX does not cover harassment based on protected categories such as race or gender, which the Dear Colleague Letter did not address.

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Title IX Attorney Florida



A court may deny a defendant's request for a cross-examination of his accuser in an open trial if he fails to produce relevant evidence. The right to confront an accuser in open court also protects the accused from false testimony and intimidation. Moreover, cross-examination is a vital tool for bolstering a case's theory and contradicting evidence introduced by the opposing party. And because it gives the accused the opportunity to discredit the accuser's testimony, cross-examination often opens the way for a more damaging redirect examination that would have been barred under direct examination.

Title IX Attorney Florida

Florida Title IX Lawyer




Recently, a capital murder case reexamined the legality of confronting an accused in open court. In Lilly v. Virginia, the state attempted to bring Benjamin Lilly's brother Mark as a witness against him since he was being tried for capital murder. Mark Lilly argued that he had been with his brother Benjamin the night of the crime in order to claim his right to self-incrimination.

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Legal redress available for prejudice

Florida Academic Misconduct Attorney


In the event that they have been the target of prejudice, private individuals may also request assistance from educational institutions. A female applicant was turned down for admission to two medical schools in the recent case of Cannon. The Supreme Court determined that because Title VI contains a private right of action, Congress intended that those who experienced prejudice would also have access to the same remedy. Since a plaintiff need not exhaust administrative options before filing a Title IX complaint, the court came to this conclusion.

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The U.S. Supreme Court has made clear that Title IX does not prohibit traditionally single-sex public entities from discriminating against male applicants. Moreover, these public entities must prove their policies are justified by compelling reasons. See Kirchberg v. Feenstra, 450 U.S. 455, 461 (1981), and United States v. Virginia, 518 U.S. 515 (1996) for examples of successful challenges under Title VII.

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Frequently Asked Questions

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.