Sheila Willis keeps the documentation in case the university is ever subjected to a civil lawsuit.
Ms. Cloutier worked for the U.S. Department of Education as a supervising general counsel and compliance team leader prior to becoming a Title IX attorney. In that capacity, she was in charge of a team of six lawyers and detectives who were responsible for upholding federal civil rights legislation against sex discrimination on the basis of race, national origin, handicap, and age. She was also in charge of counseling schools and universities and looking into complaints.
Wills filed her suit in 1992, after she complained about harassment by a professor named Adesogan to Brown University officials. Her counsel claimed that Brown knew about her problems but did nothing about them. Moreover, Wills's name appeared in more than fifteen documents. This led to Wills preserving the record for future civil litigation against the university. In addition, Wills claims that Brown's remedial actions against her were inadequate.
The defense of Title IX cases is complicated, especially when students are accused of sexual misconduct. Universities were required to adopt Title IX procedures after the 2011 Dear Colleague letter, which outlined a heightened standard for proving sexual misconduct. Even if there are no underlying allegations, the law allows universities to investigate complaints. This law is extremely complicated, and only a talented Title IX attorney can effectively defend a student.
South Carolina attorney for Title IX
Cari Simon is one of the Nation's Top Title IX Attorneys
The OCR is unlikely to demand specific fixes in every circumstance, but it's probable the organization will demand schools make immediate improvements to their processes. However, given the numerous instances that are currently ongoing, it seems unlikely that these criteria will change suddenly. Therefore, it is crucial that schools take quick action to make sure that victims of sexual assault receive the proper care. This is especially crucial if schools don't follow Title IX regulations.
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.