Massachusetts Special Education Lawyer
Tracey O'MEARA-COSTELLO
The Civil Rights Act of 1964 established Title VI. It prohibited discrimination on the basis of race, color, and national origin. Although the Act covers certain types of discrimination, it goes beyond education and into employment, including sexual harassment based on sexual orientation. In addition to employment, Title IX covers certain types of athletics and educational programs. To learn more about the law, read on. Here are some examples of types of discrimination covered by Title IX.
If the University is unable to resolve the problem through informal means, the complainant can file a lawsuit in Massachusetts state court. If the University rejects the complaint, the Title IX Coordinator will review it to see if it is appropriate to resolve the matter informally. If the two sides agree, the matter will be considered satisfactorily resolved and the University may opt for this process. However, if the complainant does not agree with the result, the university can reject the complaint and dismiss it.
Tracey O'MEARA-COSTELLO
A Final Rule revising the rules implementing Title IX of the Education Amendments of 1972 was just published by the Department of Education. The new regulations provide new criteria for sexual harassment that is actionable as well as other issues pertaining to the educational environment. The rule also lays out updated processes for inquiries and other protections for those who have been accused of sexual misconduct. One of these safeguards requires that comments made without the declarant's knowledge not be taken into account by decision-makers.
Hiring a Title IX lawyer in Massachusetts has many advantages. First, a title IX lawyer can ensure your rights are protected. In addition to ensuring your safety, a Title IX lawyer in Massachusetts can help you with any sexual misconduct complaints you may have. Moreover, you can also expect your university or college to provide you with free counseling and resources during the investigative process. You will have more time to focus on your studies if you have hired a Title IX attorney in Massachusetts.
Under the Title IX Act, a woman may file a complaint based on gender, sexual orientation, or disability. If a male sexually harasses a female, she can file a lawsuit against the university, which may include the Title IX Coordinator. A Title IX Coordinator serves as a liaison between a woman and a university, and is an independent party. The Title IX Coordinator may serve as the complainant's advocate, ensuring that the grievance process follows proper procedures.
In Massachusetts, a Title IX attorney is essential when an employee is accused of a sexual harassment or assault. Boston University is a perfect example of this, with over 50 professional staff members serving as Title IX Deputies. They're located throughout the university, providing a local resource to both students and employees. In addition, these individuals can help you file a complaint against your employer.
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.