A Title IX complaint is filed by a student. The school has to investigate the claim and decide on disciplinary actions. A Title IX lawyer can guide the process and protect student rights during this time of uncertainty.
Schools are accountable for providing a fair treatment to students when dealing with sexual harassment allegations. They must conduct an impartial investigation and afford the complainant the same chance to be heard and witnesses.
The student can make a civil claim against the school for damages when the school fails comply with these requirements. This could include compensation for the loss of future opportunities in the financial market, career and academic opportunities, emotional and psychological distress and other loss.
The best way to ensure your rights are protected is to speak to an experienced Title IX attorney as soon as you feel you have been discriminated against. They can advise you of your legal options, help you gather evidence to prove the school’s violation and even represent you in court, if needed.
Complaints and Investigations
The school must conduct an investigation within 60 days of the Title IX claim being filed by the student. The investigation involves interviewing witnesses, gathering evidence, and investigating the allegations against the student.
You will be provided an investigation report after it’s completed and you’ve had a opportunity to read it. You are also entitled to have an advisor with you during the investigation.
The length of an investigation can vary from a month to six months, based on the nature of the case. Interviewing teachers and students, conducting background checks on the complainant, taking and looking over evidence, and analyzing academic documents to determine the seriousness of the allegations, are some of the typical tasks.
An intake meeting will be held with both the complainant and respondent separately to initiate the investigation. Both parties must bring all documents and contact information for any witnesses they plan to attend the investigation at the initial meeting.
After this meeting the investigator will be able to compile all the evidence relevant to the case. This will likely include taking notes, taking text messages, and speaking with students or teachers.
The investigator will also have to get a written statement from any third party who was involved in the incident. The person who provided the statement will also need to be interviewed and will be required to answer any questions about the incident.
If the school is found to be guilty of an Title IX lawyer Baton Rouge violation, it must take appropriate disciplinary action and comply with all applicable laws. If the violations are grave enough, federal funding could be stopped.
There are other legal remedies for victims of Title IX violations, such as injunctions against a school and/or compensation for damages. Anyone who feels discriminated against because of their gender, sex or disability in an educational setting can take advantage of these remedies.