Title IX of the Education Amendments Act of 1972 states that no one shall be denied participation based on gender. No one should be denied benefits or face discrimination based on sex. Sex was added as a protected class. This act prevents discrimination in educational institutions that receive educational funds. It also prohibits sexual harassment of students, and sexual violence is considered illegal. Anyone causing such issues is dismissed from school.
It encourages schools to take speedy initiatives against sexual harassment reports and take the required legal steps against the accused. This act helps provide justice to the victims of sexual misconduct and punish the abusers.
A student with a Title IX proceeding can be expelled or suspended by the school. This is followed by a mark on the accused student’s transcript for violating the Code of Conduct. A criminal investigation takes place against the accused.
Once the school receives a complaint under Title IX for misconduct, the school’s designated IX coordinators are legally required to investigate the case and protect the students thoroughly.
If for some reason, the school fails to conduct an investigation, it is followed by the loss of federal and state funding. The victim can also file a private lawsuit against the school if the school’s response regarding the matter is not fair and justified. The school must take action to end the sexual harassment of the student and prevent future mishaps.
This amendment aims to prevent all students from discrimination, but many times, the accused students suffer from false allegations and violations of their rights. The procedure is very complex and has a lot of fallacies. Some schools expel and remove students from their programs without further legal prosecution. Additionally, many students get suspended or removed from school regardless of the result of criminal proceedings. The accusers suffer severe consequences from the school before even being proven guilty. The schools fail to protect the rights of accused students in many cases. The accused is legally bound to not retaliate against the complainant.
Contact a Title IX defense attorney today!
If you are being falsely accused of rape in school, the best option would be to consider hiring a defense attorney. They provide adequate advice about what to do and what not to do in order to win the case. They also prevent students from being expelled and give them a fair opportunity to protect their names.
