Since it was first enacted several decades ago, Title IX of the 1972 Education Amendments has been amended and reinterpreted many times by various federal administrations. In general, the basic requirements that federally funded schools must meet under Title IX have been consistent for a long time, as discussed briefly below. If you have questions about the requirements for your school or believe your Title IX rights have been violated, Mark Sherman Law can help you explore your legal options.
All primary, secondary, and university-level schools in the United States that receive federal funding of any kind are obligated to establish a Title IX office as part of their administration, as well as a permanent Title IX coordinator, which must always be filled by a qualified individual. This office and coordinator are responsible for enforcing Title IX regulations on campus and, when necessary, taking proactive steps to ensure that no student or faculty member has their Title IX rights violated by any other student or faculty member at that institution.
All Title IX offices are required by federal law to have clear and consistent processes for receiving reports of suspected sex-based discrimination from teachers and students who have observed it occurring. Additionally, there must be consistent procedures for students and faculty members who have personally experienced sex-based discrimination to file either an informal complaint to access school-provided resources or a formal complaint to prompt their school’s Title IX office to open an official investigation.
In response to a formal Title IX complaint, all federally funded schools must conduct a fair and impartial investigation into the matter without assuming culpability on the part of the respondent(s) and without unduly dismissing the allegation(s) made by the complainant. Additionally, school administrations must provide reasonable accommodations to complainants in order to minimize disruption to their academic careers while their Title IX complaint is being investigated, and to the fullest extent possible, schools must ensure that these accommodations do not unduly interfere with the academic career of any respondent(s) named in the complaint.
Following the conclusion of a Title IX investigation, schools must give all involved parties an opportunity to ask questions of key witnesses and to receive answers. This can be done in writing if the case involves an alleged Title IX violation at a K-12 school, but at postsecondary institutions such as colleges and universities, there must be a live hearing at which both the complainant and the respondent(s) can present evidence and testimony on their own behalf.
A member of our legal team can provide further detail on these and other Title IX requirements during a confidential consultation. Schedule yours by calling Mark Sherman Law today. Click here to browse our 300 certified reviews on Avvo, then get the process started today.
