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What’s a Title IX Violation?

Title IX of the Education Amendments of 1972 states that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” This statute includes protections from stalking, sexual harassment, and sexual assault in educational facilities that receive federal funding.

Learn more about Title IX and what you should do if you’re facing allegations under this federal statute.

Understanding Title IX Violations

Title IX requires colleges and universities that receive federal funding to address and investigate allegations of sexual harassment, sexual assault, and stalking that involves one of their faculty or students. Any violation of this mandate could result in the school or university’s loss of federal funds.

Specifically, Title IX requires schools to set up their own system of investigating reports of sexual violence, including questioning alleged suspects, interviewing supposed witnesses, collecting purported evidence, and subjecting the accused individual to a disciplinary hearing. Additionally, the accused individual may face a criminal investigation, should the accuser decide to contact the authorities about the situation.

Unfortunately, many accused individuals do not understand how to exercise their rights in this situation and unjustly end up with permanent scars on their records. If you or someone you love is facing allegations under Title IX, or a subsequent criminal investigation, it’s important that you contact an experienced Title IX defense attorney immediately.

What Constitutes a Title IX Violation Charge?

Title IX violations encompass many different sexual misconduct charges, including sexual harassment, sexual assault, and stalking. Also, it’s important to realize that while Title IX has defined these charges, colleges are open to, and generally do, craft their own policies surrounding sexual harassment, sexual assault, and stalking.

Sexual Harassment

Federal law prohibits sexual harassment in educational institutions that receive federal funding. Sexual harassment can occur in several different ways, including the following:

  • Unwanted or unwelcome sexual conduct
  • Unwanted or unwelcome sexual advances
  • Requests for sexual favors
  • Verbal, non-verbal, or physical sexual conduct
  • Sexual harassment between students
  • Sexual harassment between faculty and students

The consequences for a sexual harassment charge will vary based on the circumstances, some of which may include:

  • Probationary period imposed by the school
  • Mandatory completion of sexual education courses
  • Suspension
  • Expulsion

Sexual Assault

It’s important to understand that a sexual assault allegation is one of the most serious charges you can face under Title IX. How you respond to allegations can influence the trajectory of a case and public opinion.

To constitute a sexual assault violation, complaints may include the following:

  • Physical sexual acts perpetrated against a person’s will
  • Violations of lack of consent policies
  • Date rape
  • Sexual acts committed against a person too intoxicated to give their consent

Stalking

Stalking is defined as engaging in actions toward a specific person that reasonably causes them to fear for their safety and suffer significant emotional distress. Title IX specifies that the following may lead to a stalking violation:

  • Two or more acts where an alleged stalker follows, observes, or threatens an individual or interferes with their personal property
  • Creating fear and distress in a person that would cause a “reasonable” person to feel the same way in the same situation
  • Causing mental anguish or emotional suffering in an alleged victim as a result of the misconduct, whether treated professionally or not

Facing Allegations Under Title IX? Contact Us Today

If you or someone you love is facing allegations under Title IX, it’s important to keep in mind that these are some of the most serious allegations you can face as a student or a faculty member. A Title IX violation conviction has the potential to change the course of your entire life and requires an experienced defense team that knows how to protect your rights.

At Caplan & Tamburino, we fight vigorously not only for our clients but also against the injustices they face when they have been charged with a crime.

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