Criminal charges can have severe consequences for a student’s academic career. In addition to jail time and financial penalties, certain student misconduct can invoke Title IX of the Education Amendments of 1972.
Title IX violations can have severe consequences that derail your academic progress or cause you to lose financial aid or scholarships. Because the stakes are so high, you should work with a knowledgeable student defense attorney. A Delray Beach Title IX Lawyer from Leifert & Leifert can help you fight these allegations and avoid a criminal or tarnished academic record.
What is Title IX?
Title IX is a federal law that prohibits discrimination by any educational program that receives federal funding based on a person’s sex, according to 20 U.S.C. § 1681. In addition to prohibiting discriminatory behavior in women’s sports, the statute also prohibits any discriminatory activity based on sex, sexual orientation and gender identity.
Since most private and public colleges and universities receive federal funding, these institutions must comply with Title IX. The statute also applies to all public and private elementary and secondary schools and school districts.
A Title IX investigation normally begins when someone files a complaint with the school’s Title IX office. A Plaintiff can file a Title IX complaint against a student, teacher, or faculty member. The statute requires schools to put procedures in place to handle complaints filed for Title IX violations.
Title IX also imposes a responsibility on schools to respond promptly and effectively to alleged violations. Even when no party files a complaint, a school still has a responsibility to undertake a Title IX investigation when they have reasonable knowledge a violation occurred.
The Title IX investigation is separate from any criminal investigation by the legal system or the Courts. A lawyer from Leifert & Leifert can defend you when you face allegations of Title IX violations in Delray Beach, such as sexual battery or rape.
Crimes That Invoke Title IX
Sexual harassment or discrimination in violation of Title IX can take many forms, including accusations of making unwanted sexual advances and verbal or physical harassment.
Sexual harassment can also include situations of a hostile work environment due to offensive sexual conduct. Further, quid pro quo harassment can occur when an employee or student is propositioned to take part in sexual conduct in return for a benefit or promotion.
Title IX prohibits any harassment or discrimination based on sexual orientation or a person’s actual or perceived gender identity or expression. The statute also prohibits harassment or discrimination due to pregnancy.
Aside from sexual harassment or discrimination, the list of crimes that can invoke Title IX includes several serious offenses, such as:
- Dating violence, or violence between individuals who have or had a significant relationship under Stat. Ann. § 784.046
- Domestic violence, including assault, aggravated assault, battery, aggravated battery, or any criminal offense against a family or household member, per Stat. Ann. § 741.28
- Sexual assault or sexual battery, including rape and other forms of non-consensual sex acts under Stat. Ann. § 794.011
- Statutory rape, referred to as unlawful sexual activity with a minor as described in Stat. Ann. § 794.05
- Stalking, which can include willful harassment, following another person, and cyberstalking under Stat. Ann. § 784.048
Hiring one of our Delray Beach Attorneys when you are facing Title IX charges can help you both inside and outside a school investigation as well as a Courtroom. Since many of these offenses are considered Felony crimes that carry serious jail time and monetary fines, Leifert & Leifert can fight on your behalf in Court and at your school or University.
Penalties For Title IX Violations
Once a school opens a Title IX investigation, you should face a disciplinary hearing before the school makes a final decision on your punishment.
Schools can take a range of disciplinary action, including but not limited to:
- Expulsion
- Suspension
- Probation
- Fines or restitution
- Losing on-campus employment
- Losing financial aid or scholarships
- Losing on-campus housing privileges.
- Restrictions on your ability to participate in school athletics
- Restrictions on your ability to participate in campus activities, such as fraternities or sororities
An Attorney will be able to represent you at the hearing and fight for your chance to remain in school, keep your financial aid, and continue to participate in campus life.
Ask a Delray Beach Lawyer About Title IX Charges
Please reach out to Leifert & Leifert when you have questions or concerns about Title IX investigations. If you are facing an academic disciplinary hearing, a Delray Beach Title IX Lawyer can fight on your behalf to achieve the best outcome.
One of our experienced Attorneys can provide a free case review and initial consultation regarding your situation. Contact our office today.
