What is Title IX?

Title IX is a federal civil rights law that protects an individual from being discriminated against based on the basis of sex. All public and private elementary & secondary schools, school districts, and colleges & universities receiving federal funding must comply with Title IX.

Every school must designate at least one employee who is responsible for coordinating the school's compliance with Title IX. The Title IX Coordinator is responsible for overseeing all complaints of sex discrimination.

Sexual Harassment Allegations

Our criminal defense attorneys get involved after a student has been accused of sexual harassment and is advised that the Title IX process is going to begin. These allegations often have criminal implications (i.e. sexual assault, rape, etc.) and can lead to expulsion from school as well as the filing of criminal charges. Due to the severity of these allegations, we recommend hiring a criminal defense attorney immediately after being notified.

The process begins very quickly, and the school starts an internal investigation, which they conduct unilaterally. The Title IX investigator is not often trained in law enforcement techniques, and the process feels very one-sided, often leaving students feeling convicted upon being accused before they've even had a chance to defend themselves.

If not properly managed, a student accused of criminal actions that triggered the internal Title IX investigation could unwittingly make statements in response to the school's investigation that are harmful to the student and their case. Moreover, those same statements may have been protected by the 5th Amendment if the investigation was conducted by law enforcement rather than the school, which would have obligated the investigator to inform the student of their Miranda warnings. The school setting obviates these warnings, and statements are often given that hurt the student's case. While students have certain rights during the Title IX process, there aren't many. It is a bad first step to make statements that can be shared with law enforcement that would have otherwise been protected.

An attorney is permitted to help assist in the Title IX process, ensuring due process is followed. Equally as important as helping navigate the Title IX process, a criminal defense attorney will make sure that the accused isn't creating evidence that can be used against them in a criminal proceeding (should one be initiated parallel to the school investigation), while also making sure that the client doesn't hurt their chances of winning the Title IX action.

If you or a loved one is seeking Title IX counsel, call (215) 478-6839 for a FREE 30-minute consultation, or contact us by email.