Title IX Offenses
Sexual Harassment and Sexual Violence in Schools
Title IX of the Education Amendments of 1972 is a federal civil rights law that aims to prevent sexual harassment and sexual violence in schools. Title IX applies to the following types of institutions:
- Public and private elementary schools
- Public and private secondary schools
- Public and private school districts
- Public and private colleges & universities
- Any other educational institution that receives federal funds
Koffel Brininger Nesbitt provides defense representation to individuals facing Title IX allegations. If you have been accused of sexual harassment or sexual violence in a school, contact our firm today at (614) 675-4845 to schedule a consultation.
What Title IX Requires of Schools
The biggest responsibility a school has is to respond promptly and effectively as soon as possible after hearing of an alleged Title IX violation. Educational institutions can be implicated in Title IX violations if they allegedly failed to respond by taking action to stop the Title IX violation and prevent future violations of that nature.
Specifically, what action must a school take?
- Conduct investigations and enact disciplinary measures even if the supposed victim does not request action to be taken;
- Conduct investigations and enact disciplinary measures even if law enforcement has already begun a criminal investigation into the matter;
- Enact, publicize, and enforce an anti-sexual harassment and violence policy;
- Appoint a Title IX Coordinator. This employee is someone who all Title IX violations and alleged violations will be handled by; and
- Have a program for students to easily submit complaints.
Title IX not only applies to students and athletes, but also applies to individuals who participate in off-campus school programs. If the activity is held or sponsored by a school, Title IX likely applies.
Preponderance of the Evidence
Title IX allegations require that schools abide by the "preponderance of the evidence" standard. Essentially, this means that schools are to treat Title IX allegations like they probably happened, rather than only considering that they happened if evidence suggests that it happened "beyond a reasonable doubt." All Title IX allegations are taken seriously and investigated, even false allegations.
Were you accused of a Title IX offense? Koffel Brininger Nesbitt is here to provide you with the experienced defense you need. Call to schedule a consultation today at (614) 675-4845 !