UPDATE: Title IX Provisions have been substantially updated / changed as of May 2020. These changes have drastic implications on any Title IX matter. We strongly encourage anyone facing Title IX issues to call us or other professionals to help negotiate the world of Title IX.
Johnson & Osteryoung, P.A. also practices in the area of Title IX Defense. Since 2011, the Department of Education, Office for Civil Rights has aggressively pursued people alleged to have violated any rule or regulation related to Title IX. These actions can be interwoven with Student Conduct disciplinary actions for students. We assist whether you are being accused under Title IX or a Student Conduct Code violation (or both).
Title IX is rooted in the fact 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."
That said, since 2011, many entities obligated to adhere to Title IX have forsaken any semblance of due process or fairness to the accused. Absent those necessary elements of process and procedure, many people accused of violating Title IX have been wrongfully "found responsible" which can lead to expulsion for students and termination for employees.
The "kangaroo courts" as they have been appropriately named by some, are fraught with peril. The investigators are not there to assist you, advise you, and are otherwise ill-advised about your rights. Some schools do not advise you of your constitutional rights- some even suggest they do not apply.
You have a right to an advisor in Title IX proceedings. The role of your advisor is to protect you and you need someone who knows the landscape of Title IX at your side. Some institutions refer to Title IX disciplinary actions as "an educational process" and shun lawyers being involved. That "process" can forever stop your education or career. You need help to make sure that does not happen.
We take Title IX cases extremely seriously. Countless people, mostly men, have been ruined by Title IX actions without the slightest semblance of due process. Due process, fundamental fairness, the concept that the process will lead to the right result is tantamount in our system of justice. Title IX does not hold those aspects as necessary at some locations.
From big universities to small private colleges, Title IX is a very serious matter. Likewise, Student Conduct Code disciplinary actions can be very damaging to continuing the accused’s education.
Title IX is a very fluid body of law that is changing rapidly. Colleges and Universities are frequenetly conducting Title IX disciplinary actions in violation of Title IX law and the rules and regulations set by the Department of Education, Office for Civil Rights.
You need independent assistance to ensure you receive a fair process and a fair outcome. We can help.