What is the Due Process Lawsuit for Title IX?

Title IX was enacted to ensure fairness at educational institutions, including in their athletic departments, but Title IX protection is not limited to sports. It also is not limited to students. Teachers and staff also enjoy the benefits of Title IX. Every elementary, secondary, high school, college, and university that receives federal funds is required to employ a Title IX Coordinator whose job it is to enforce the requirements of Title IX.

What Does Title IX Say?

Title IX of the Education Amendments of 1972 states that any school that receives federal funding of any kind is barred from discriminating against its students based on gender. Gender protections are broader than whether a person is male or female.

A lot has changed since the law was originally enacted, when its major focus was helping women to get on equal footing with men. Title IX now provides the litmus test for exclusion, discrimination, and retaliation in education based on not only gender but also gender identity and sexual orientation. Title IX prohibits a broad range of conduct, including sexual harassment and stalking, as examples. If you think you have been discriminated against by your education institution or are being accused of discrimination, our attorneys at Leifert & Leifert can help you consider all the facts, starting with whether you have been afforded due process under Title IX.

What is Due Process?

Due process is a Constitutional right that a person is entitled to certain procedures before life, liberty, or property can be taken. If a person is accused of misconduct in violation of Title IX, he or she is entitled to a prompt, fair, and impartial investigation and determination. The accuser is also entitled to due process, and certain steps are required in every investigation, from start to finish. This is true for all proceedings, regardless of whether the accusation is criminal or civil.

The accused must be notified in writing of the accusations and given the opportunity to defend against them. The alleged misconduct must be determined to fall under the protection of Title IX and have occurred according to the school’s standard of proof for a violation to be deemed to have occurred. Schools may choose less or more stringent standards, and a Title IX panel will use that standard to determine fault. Once a determination is made, a reasoned written decision must be provided. You are entitled to gather evidence and review all evidence against you throughout the proceedings. You can be represented by counsel, although you are not guaranteed the right to have counsel present at the hearing.

Understanding the burden of proof is critical. Knowing your due process rights from the time of complaint through the possible appeals process is critical. Understanding your options and deadlines for agreeing to voluntary resolution, filing a complaint with the U.S. Department of Education’s Office of Civil Rights, and filing a civil lawsuit are critical. The attorneys at Leifert & Leifert are experienced Title IX Attorneys and will represent your interests throughout the process. Title IX violation accusations can have lasting impacts, and you need knowledgeable counsel to get you the best result possible. Call today to discuss your legal options.