Title IX binds all schools that receive federal funding to protect against sex discrimination, and almost all schools in the country take federal funds. This means a Title IX investigation can happen at both public and private schools. These investigations are held when an allegation of sexual assault, domestic violence, assault, harassment, stalking, or other form of sex discrimination is made.
As one of our experienced Title IX Attorneys at Leifert & Leifert knows, however, the processes are not the same at public and private schools. Below, we discuss the differences between state and private school investigations in Boca Raton, along with some more general facts about Title IX and some suggestions of how an attorney could help throughout the process.
What Is Title IX and How a Title IX Investigation Works
Title IX is a federal civil rights law passed in 1972. It is overseen by the US Department of Education’s Office for Civil Rights and prohibits sex discrimination at educational institutions that take federal taxpayer money.
Generally, after a complaint is made, the accused student and claimant are notified, then the school investigates. Sometimes, there is not enough evidence to proceed, and no decision is issued. Other times, an informal resolution is reached. A formal hearing is held to examine the allegations, when necessary, after which a decision is issued. The accused is entitled to an advocate or Attorney and may cross-examine witnesses at the hearing. An Attorney can assist during this process by gathering evidence to support the accused’s defense and possibly bringing an appeal.
Differences Between Public vs. Private School Title IX Investigations
There are some differences between Title IX investigations at public schools and those at private schools in Boca Raton. Public schools are bound by the protections of the United States Constitution and the constitution of the state the school is located in, whereas private schools are only bound by their own policies and state statutes.
This situation results in an imbalance where public school students may receive more due process protection than private school students. These differences mean different potential causes of action against a public school versus a private school when an investigation concludes with an unfavorable ruling. One of our Title IX Attorneys at Leifert & Leifert could advise you on the full set of differences between a private college and a public university.
Possible Outcomes of a Title IX Investigation
All students should be concerned about the effect an adverse Title IX ruling could have on their reputation, regardless of the severity of the penalty. Penalties range from disciplinary probation and on-campus residential restrictions to loss of the academic degree and suspension or expulsion. Occasionally, counseling or a formal apology are required.
An adverse decision could affect a student’s job, housing choices, social standing, and ability to earn. The accused in a state or private school Title IX investigation in Boca Raton has fewer rights than a defendant in a criminal case, which is why working with one of our attorneys is important.
Contact a Boca Raton Title IX Attorney When You Face a State or Private School Investigation
Call an experienced Lawyer at Leifert & Leifert for a free consultation when you need to know more about the differences between state and private school Title IX investigations in Boca Raton. We could discuss ways to move your case forward and start putting the stress and fear behind you.
Once you make the call, one of our Attorneys can advise you on how to move forward, with one of our attorneys to advise you. Contact us by phone at any time.
