The Difference Between State and Private School Title IX Investigations in Westport
Title IX of the 1972 Education Amendments imposes broadly identical requirements on all federally funded schools with regard to preventing sex-based discrimination on campus, regardless of whether that school is a public or private institution. However, that does not mean that Title IX requirements are exactly the same for both types of schools, especially when it comes to the procedures public schools are required to follow for internal disciplinary action, which do not apply to private schools.
Understanding the difference between state and private school Title IX investigations in Westport could be key to protecting your best interests as a complainant or a respondent in such a case. An attorney from our team at The Law Offices of Mark Sherman can explain in more detail how legal regulations and restrictions for Title IX claims may differ depending on a school’s public or private status, but here is a brief overview.
Does Title IX Apply to Private Schools With All-Male or All-Female Students?
Because Title IX is so broadly worded, there is virtually no nuance to the question of when it applies. If a school receives federal funding of any kind, Title IX applies. However, certain private undergraduate colleges or religious educational institutions in Westport and elsewhere are exempt from Title IX requirements exclusively regarding their admissions processes, which is a significant difference from how state-run schools are expected to operate.
Title IX does not expressly forbid private schools from accepting students of only one gender while also receiving federal funding, as our attorneys could further explain. However, in order for such a school to continue receiving federal funding, there must be a facility of equal quality with equal operational support that serves students of the opposite gender.
Procedural Differences During Title IX Investigations
Another way that Title IX can work differently between public and private schools in Westport is in the context of investigations. In brief, private schools may take very different approaches to Title IX inquiries compared to what public schools might do. The remedies available to people dissatisfied with the outcomes of Title IX cases can change substantially depending on whether the school overseeing that case is public or private.
Public school employees and administrators work for state governments, so state law generally provides them with immunity from personal civil liability for actions taken on the job. Conversely, private schools may hold civil liability for failing to ensure due process during a Title IX investigation. During a private consultation, a team member at our office can discuss whether you may have grounds to pursue a claim.
Contact a Westport Attorney To Learn More About the Differences Between Title IX Inquiries at Public and Private Schools
Each college, university, and K-12 school handles Title IX cases a little bit differently because of the choices made by administrators. Knowing the difference between state and private school Title IX investigations in Westport could be crucial if you are facing an accusation or if someone violated your rights.
Handling any type of Title IX case on your own can be challenging, regardless of how your school operates or what side of the case you are on. Call The Law Offices of Mark Sherman today for a lawyer’s help enforcing your rights, or click here to visit our Avvo.com profile and see what past clients have said about our services.