Specializing in litigation and empathetic, creative solutions to help victims of sexual harassment or workplace discrimination in K-12 and higher education settings
What is Title IX?
Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity that receives federal funding.
What constitutes prohibited discrimination under Title IX?
Under Title IX, discrimination on the basis of sex includes sexual harassment, rape, and sexual assault. Relationship violence, stalking, or discrimination on the basis of gender, gender identity, gender expression, or sexual orientation may also constitute sex discrimination in violation of Title IX depending on the specific facts of the situation. A school that receives federal funds may be held legally responsible when it knows about and ignores sex discrimination on its campus or in its programs or activities.
What else does Title IX require?
Title IX requires schools that receive federal funding to evaluate their current policies and practices, adopt and publish a policy against sex discrimination, and implement grievance procedures providing for a prompt and equitable resolution of student and employee sex discrimination complaints. In addition, schools must publicly appoint at least one employee to coordinate Title IX compliance.
Does Title IX only apply to colleges and universities?
No. Title IX applies to K-12 institutions as well, provided that they receive federal funding.
What can I do if my school or employer violates Title IX?
You may be able to file a complaint with the U.S. Department of Education, Office for Civil Rights (OCR) and/or a lawsuit in court if your rights have been violated under Title IX. If you are an employee who has experienced sexual harassment or assault, you may also be able to file a complaint with the Equal Opportunity Employment Commission (EEOC). Depending on what state you live in, you may also be able to file a complaint with the entity tasked with enforcing your state's civil rights laws.
How long do I have to file a Title IX complaint?
Complaints with OCR must ordinarily be filed within 180 days of the last act of discrimination. The statute of limitations for Title IX claims filed in court depends on what state you live in. In Michigan, the statute of limitations is three years. In Ohio, the statute of limitations is two years.
What if I am treated unfairly in the Title IX investigation or hearing process?
Schools are required to implement Title IX complaint resolution procedures that are prompt and equitable. Both parties are entitled to due process, meaning that they must have equal access to all information being considered in the investigation, have the opportunity to respond to all claims being made by the other party, and be notified of the outcome of the investigation as well as any appeal rights. If you feel you are not being treated fairly in a Title IX investigation, it is a good idea speak with a knowledgeable attorney as soon as possible to ensure your rights are protected in the process.
Can I sue my school or employer for damages if it has violated Title IX?
A school can be held responsible in court if it violates its obligations under Title IX. In some cases, the school must pay the plaintiff money damages, if the plaintiff can prove the school acted with "deliberate indifference to known acts of harassment in its programs or activities." Davis v. Monroe County Bd. of Educ., 526 U.S. 633 (1999).
What if I am retaliated against for filing a Title IX complaint?
The law prohibits retaliation against anyone who reports a concern of a Title IX violation or who advocates on behalf of someone who files a complaint. If you are retaliated against, you may have additional legal remedies available.
Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity that receives federal funding.
What constitutes prohibited discrimination under Title IX?
Under Title IX, discrimination on the basis of sex includes sexual harassment, rape, and sexual assault. Relationship violence, stalking, or discrimination on the basis of gender, gender identity, gender expression, or sexual orientation may also constitute sex discrimination in violation of Title IX depending on the specific facts of the situation. A school that receives federal funds may be held legally responsible when it knows about and ignores sex discrimination on its campus or in its programs or activities.
What else does Title IX require?
Title IX requires schools that receive federal funding to evaluate their current policies and practices, adopt and publish a policy against sex discrimination, and implement grievance procedures providing for a prompt and equitable resolution of student and employee sex discrimination complaints. In addition, schools must publicly appoint at least one employee to coordinate Title IX compliance.
Does Title IX only apply to colleges and universities?
No. Title IX applies to K-12 institutions as well, provided that they receive federal funding.
What can I do if my school or employer violates Title IX?
You may be able to file a complaint with the U.S. Department of Education, Office for Civil Rights (OCR) and/or a lawsuit in court if your rights have been violated under Title IX. If you are an employee who has experienced sexual harassment or assault, you may also be able to file a complaint with the Equal Opportunity Employment Commission (EEOC). Depending on what state you live in, you may also be able to file a complaint with the entity tasked with enforcing your state's civil rights laws.
How long do I have to file a Title IX complaint?
Complaints with OCR must ordinarily be filed within 180 days of the last act of discrimination. The statute of limitations for Title IX claims filed in court depends on what state you live in. In Michigan, the statute of limitations is three years. In Ohio, the statute of limitations is two years.
What if I am treated unfairly in the Title IX investigation or hearing process?
Schools are required to implement Title IX complaint resolution procedures that are prompt and equitable. Both parties are entitled to due process, meaning that they must have equal access to all information being considered in the investigation, have the opportunity to respond to all claims being made by the other party, and be notified of the outcome of the investigation as well as any appeal rights. If you feel you are not being treated fairly in a Title IX investigation, it is a good idea speak with a knowledgeable attorney as soon as possible to ensure your rights are protected in the process.
Can I sue my school or employer for damages if it has violated Title IX?
A school can be held responsible in court if it violates its obligations under Title IX. In some cases, the school must pay the plaintiff money damages, if the plaintiff can prove the school acted with "deliberate indifference to known acts of harassment in its programs or activities." Davis v. Monroe County Bd. of Educ., 526 U.S. 633 (1999).
What if I am retaliated against for filing a Title IX complaint?
The law prohibits retaliation against anyone who reports a concern of a Title IX violation or who advocates on behalf of someone who files a complaint. If you are retaliated against, you may have additional legal remedies available.
