Title IX not only protects people from sex-based discrimination but also prohibits sexual harassment and misconduct, including rape and other forms of sexual assault and battery. As a Federal law, Title IX cannot apply to every school in the country. Instead, Title IX applies to schools that receive Federal funding.
However, even if the school receives funding, it may have some religious objections to complying with Title IX. Those objections might not apply to all forms of sexual discrimination — such as harassment or assault — but could apply to other forms of discrimination. So, the differences between state and private school Title IX investigations in Florida will depend on whether the school takes any Federal funds and what type of educational institution is involved. Connect with one of our Title IX Attorneys to learn more.
Private Schools
Generally, Title IX has not applied to private schools. The states have control over public education because the Federal government gets involved through funding. Without the funding, the Federal government is overreaching its jurisdiction. So, funding is the essential link that makes Title IX applicable to private schools. However, state laws and regulations might still apply.
Most private schools have a tax-exempt status, which allows them to contribute money to organizations without claiming it as part of their income. Generally, the government has not considered these exemptions to be any Federal financial assistance. However, a court ruling suggests that tax-exempt status qualifies as federal financial assistance, Title IX applicable to those private schools with tax-exempt status under 26 U.S.C. § 501(c)(3). In addition, accepting P.P.P. loans or other types of federal funding may act as a waiver to Title IX exemptions.
Additionally, many private schools directly receive Federal funds to operate school programs. From getting money to subsidize school lunches to taking students who get Federal financial aid, these schools trigger the requirement that they comply with Title IX.
However, even private schools or organizations accepting federal funding could have some exemptions, such as the following:
- Religious schools can also discriminate according to their beliefs
- Schools that train people for military service are entirely exempt
- Fraternities and sororities can use gender-based admissions
- Organizations for children like the Girl Scouts, Boy Scouts, and volunteer youth service organizations
- Private elementary and secondary schools and undergraduate colleges are exempt from Title IX for admissions
To understand distinctions between Florida’s public and private schools when it comes to Title IX investigations, you must know how school’s status impacts its Title IX requirements. Most public schools should follow similar investigation protocols, but private school protocols can vary tremendously, depending on their status. The most significant difference would be whether certain types of harassment or discrimination are offenses.
Exemptions as Potential Defenses
It is fair to describe the legal situation regarding Title IX’s applicability to some private schools as being in flux. The first thing an Attorney should do is review the school’s sexual discrimination policies. If they find that Florida schools follow Title IX policies, then there is effectively no difference between the investigations of public and private institutions.
Suppose the school does not comply with Title IX, but they have policies prohibiting sexual misconduct. Then, the Respondent needs to comply with school rules. Generally, private schools have policies making it more difficult for Complainants to substantiate a sexual misconduct claim. They may also have less severe penalties.
If the process does not provide a Respondent with the rights guaranteed under Title IX, their Attorney should investigate whether the school must comply. If they should, then the Respondent may have a complaint that the private school’s Title IX investigation process was insufficient.
Speak to a Florida Attorney About State Vs. Private School Title IX Cases
When you face sexual misconduct accusations of some type under Title IX, you must speak to an Attorney. Whether you attend a public or private school, these allegations are serious. They can negatively impact the rest of your life.
An Attorney can investigate the specific circumstances of your school and advise you about the best way to proceed. Despite the differences between state and private school Title IX investigations in Florida, people need to take all investigations seriously. Call today to schedule a consultation with one of our dedicated Lawyers.
