Title IX of the Education Amendments Act of 1972 is a federal law that states: “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 education program or activity receiving Federal financial assistance.”
Most colleges and universities have established rules and procedures relating to sexual harassment and sexual discrimination by faculty, the administration and other employees, students and adjunct professors. The original statute reads as follows: “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 education program or activity receiving Federal financial assistance.”
Our office represents professors, administrators and employees of colleges and universities who have been accused of violating the statute, including claims of sexual harassment, hostile work environment and discrimination based on gender. We also represent complainants in such situations.
It is imperative that you obtain counsel early on in a Title IX investigation, whether you are a complainant or respondent.
A few things to keep in mind: Title IX applies to all educational programs and all aspects of a school’s educational system.
Schools take Title IX requirements quite seriously in part because should an institution fail to fulfill its responsibilities under Title IX, the U.S. Department of Education can impose a fine and potentially deny further institutional access to federal funds.
Title IX has also been interpreted to permit private rights of action or lawsuits against colleges and universities.
Recent Developments: The Trump administration has made changes to guidelines that were implemented during the Obama administration. These changes raise the complainant’s burden of proof and shift the determination of sexual assault from “preponderance of the evidence” to a “clear and convincing” evidence standard, which is typically used for civil cases in which serious allegations are made.
Transgender students: Between 2010 and 2016, the U.S. Department of Education issued guidance explaining that transgender students are protected from sex-based discrimination under Title IX. It instructed public schools to treat transgender students consistent with their gender identity in academic life. In 2017, the Trump administration eliminated several of the transgender policies.
Giordano Law Offices PLLC represents New Yorkers in a Title IX Investigations. Please call 212-406-9466 or contact us online to schedule a free consultation. Our firm’s Uptown Manhattan headquarters is in Harlem, but we also have satellite offices in the Bronx, Brooklyn and Lower Manhattan.