What is Title IX and How to handle a Title IX Investigation
Each year there are over 10,000 Title IX claims that go through the Department of Education’s Title IX office. In the past ten years, Title IX cases have become increasingly more common at the university level.
Title IX is a complex policy that requires serious attention and procedural order from institutions. This article aims to help readers understand what Title IX is and what you should do if you are in a Title IX case.
What is Title IX?
Title IX is a federal law that protects against discrimination based on sex. Title IX was first enacted to provide female students and athletes more opportunities but has now come to protect against, sexual harassment, dating violence, lack of consent, domestic violence, stalking, exposure, transgender issues, and more.
When Title IX was enacted under the Nixon Administration, it stimulated an increase in women’s involvement in sports, extracurriculars, and even applying to post-secondary school, such as medical school.
In educational institutions, sexual harassment refers to events that could have taken place at school, off campus, or at a school sponsored event. Additionally, sexual harassment under Title IX does not just refer to physical violence, but refers to verbal harassment, social media harassment, and other forms of harassment.
This could look liked unequal education resources for students of a certain sex, or other gender harassment.
The level of regulations on how a school handles its Title IX cases have changed from the Obama Administration to the Trump Administration and can continue to change as administrations do.
Title IX regulations apply to local and state agencies that receives federal financial assistance. For private schools, or other entities that do not receive any federal funding, Title IX had not traditionally applied but there is new case law in this area.
Recently, there have been amendments to Title IX that have changed the definitions of sexual harassment.
When a Title IX case is reported to a public school, the school has a responsibility to respond quickly and efficiently to investigate the matter.
If a school does not follow these guidelines, they could potentially lose their federal funding.
A school is required to have a published set of sexual harassment and sexual violence procedures, so complainants or respondents are aware of how reporting and investigations are handled. The investigation done by the school occurs apart from a legal investigation.
How to File a Title IX complaint?
- Your school district is required to outline how to file a complaint and have it published on their website. This should tell you who and where to file your complaint with at your school.
- Bring your complaint to your school’s title IX coordinator, or the other appropriate person.
- Attach any relevant documentation evidencing your claim.
- The coordinator will instruct you on the next steps and what will happen in a title IX investigation and what disciplinary hearings may take place.
Whether you are a complainant or a respondent, a title IX process can be lengthy, and stakes can be high.
One of our first tips in handling a title IX case is getting representation. Finding a title IX lawyer is critical to ensure your case has the best possible outcome.
As a law firm that has represented many students throughout their title IX cases, The Hahn Legal Group APC have comprised a list of tips to help you through such a case.
1. Come well informed, prepared, organized, and confident.
a. The first thing to do when you are in a Title IX case is to start preparing documents. You need to start writing things down regarding the details of events such as where it happened, when it happened and who said what. If it is via social media, make sure to download and screenshot the content. If there are any other documents that you can show take pictures of them, record them, and bring all that information to your school to aid in the investigation process.
2. Understand what your specific schools Title IX disciplinary Process is.
a. When entering a Title IX case, it is important to know what disciplinary actions are being considered in your case.
3. Know your rights.
a. It is key to talk to lawyer to understand what laws you are protected by. This could be California laws or federal laws and what claims you can make against government entities, private schools and your harasser or your school. This can also apply to anyone else who has been complicit in what is happening to you.
Above all, we urge students involved in a title IX case to seek representation, and especially before an Investigator interviews you.
In some cases, a student may feel that their title IX investigation was handled unproperly or unfairly. That is why we suggest that getting an education lawyer is one of the first steps you take when you become involved in a title IX case.
An attorney will take you through how to present yourself and answer the investigators and panel’s questions or cross examination. We will also help you review the specific charges you are facing. Title IX regulations are continually changing as administrations expand definitions and requirements and having an attorney that is well versed in these changes is important to ensuring you get the best outcome.
