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This article answers the common question, “What is a Title Nine complaint?” It also delves into what caused Title IX to be needed, as well as giving an overview of the Title IX investigation process and notice procedures. Although a Title 9 investigation is civil law related, a simultaneous criminal law action in a state court proceeding may also be launched, in some cases.
What to do if accused of Title IX violations? Title Nine protects people from acts of discrimination that are based upon sex. This applies to any education programs or school activities which receive federal financial assistance, in any amount.
The Title 9 legislation states:
“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.”
What is a Title 9 complaint? Discrimination under any education programs or activities receiving federal financial aid is civilly actionable under rules and guidelines of the federal Department of Education. The college or university is obligated to move quickly is assessing any Title IX offenses, which pertain to allegations of sexual misconduct, misbehavior, or discrimination.
When Did Title 9 Become Law?
The exact date was June 23, 1972, under the Richard Nixon Administration. The federal legislation to enact Title IX date passed both branches of Congress before President Nixon okayed the law taking effect.
The U.S. Congress passed Title 9 laws to try to rectify the systemic educational inequalities females faced in the 50 years prior to the 1970s. Partly due to the publicity received by some female Olympic athletes in the 1950s and 1960s, more attention was paid to the disparity in funding for female athletes in colleges, universities, and high schools, as compared to the funding of male sports programs.
All schools in 2022 have a Title IX coordinator, and many of these coordinators also have an attorney at law title next to their names. The title for a lawyer is “JD,” which stands for juris doctor.
The Title IX timeline. The Title IX investigation timeline begins before most “targets” are aware of the legal action being undertaken. Federal regulations call for a Title IX investigation to be launched within a fixed number of days.
The urgency to investigate. Title Nine law violations are built into federal law and regulations and applies to both public institutions as well as private colleges that accept federal funding. The best time to retain a Title 9 lawyer is when the case is in the investigative stage, where proof exists that the Title IX lawsuit wrongly accused our client. This early intervention allows your Title 9 attorney to exercise all your Title IX due process rights.
Not all South Carolina law offices offer Title IX defense. In fact, the number of Title IX attorneys near me in Greenville will number fewer than a dozen in the entire county, and a couple of those are regional or statewide legal firms.
The Price Law Firm only defends Title 9 charges for those being accused. This includes the civil proceedings, as well as defending any criminal law charges, if they arise.
Claims under Title IX of the Education Act usually are civil cases raising discrimination based on sex discrimination. These are essentially Title Nine due process lawsuits, being filed to recover money and to expel those who are found responsible for accusations of sexual improprieties.
Title IX Discrimination Lawyers That Bring Lawsuits for Clients
Title 9 Law. Starting in 1972, when the Title IX law was first enacted as a federal civil rights law, the gist of the Legislation was about prohibiting sex discrimination. Any Title IX investigation involves discrimination, on the basis of sex, as proscribed under Title IX of the education amendments of 1972.
In a nutshell, the claimant is alleging that discriminatory conduct permitted by a university, trade school, professional school, or College denied the benefits of equal treatment and opportunity of each person in the United States to pursue the claimant’s education. As part of the claim, the Petition usually includes a demand for Title IX attorneys’ fees, if the claimant is successful.
All colleges and higher education schools in the USA that receive federal financial assistance were tasked with expeditiously investigating any allegations of sexual misconduct to see if a basis for the claim existed. Failure of an educational institution to take prompt steps to investigate would cost them their federal funding.
Anyone under investigation or who has been formally accused of committing a sex crime will likely feel isolated. Too often, law enforcement, prosecutors and the court of public opinion often rush to judgment without fully considering all the relevant facts.
What Sex Crimes or Acts Would Constitute a Violation of Title IX?
Title IX complaints, in many ways, parallel sex allegations in a criminal law court. Many sex crime cases involve “he said, she said” disputes, and that is also true in Title 9 filings. Your need skilled trial lawyers with the experience and courtroom acumen to cross-examine a sympathetic witness without drawing the ire of the jury or the trial judge.
Defending against these allegations requires a heightened attention to detail by your Title IX defense lawyer, since few of these cases are recorded as might be done in a police surveillance investigation or highway traffic offense pullover.
If trial is necessary, for instance, your Title Nine lawyer needs to fully understand the nuances of cross-examination to defend Title IX claims. Title IX advocates defending their clients must structure questioning to bring out the inconsistencies and changes in the initial report and what was formally charged. Raising doubt in the testimony of the complaining witness or witnesses against you in=s the path to clearing your name.
Our trial lawyers draw on our training and experience in criminal trials to help us break down the accuser’s evidence. The skills needed to cross-examine witnesses and challenge the complaining parties is similar in all types of South Carolina sex crimes, as well as in these Title 9 cases, which can be based upon conduct paralleling:
Criminal sexual conduct
Sex offenses involving a minor
A conviction for a sex crime carries a wide range of harsh consequences that can have a life-long impact on the way you live. The likelihood of being required to register as a sexual offender wherever you may live in the future is reason enough to seek the representation of a skilled sex crimes defense attorney.
Make Sure You Have a Strong Title IX Legal Advocate by Your Side
Normal concepts of due process do not apply to Title 9 violations, even though the ramifications of being found to be culpable can be life changing. The importance of retaining legal counsel to defend Title Nine near me is critical.
At the start of the complaint, our client may be informed of the initial accusations against him or her. Later, additional accusations can arise through the course of the educational institution’s investigation without the accused person being notified.
A Title 9 Legal Professional Fighting for You
Below, on the right, is James H. Price IV, a Title 9 Lawyer Based in Greenville, South Carolina at Price Law Group. He handles all the law firm’s Title Nine cases in Upstate South Carolina.
It is important to have someone by your side to help guide you through this difficult and frequently unfair process. The Price Law Firm can help keep these investigations fair and to help you organize your version of events so that you are treated fairly.
E. Powers Price and the author of this article, James H. Price IV, are in Greenville SC, in the Upstate SC area. Call today for our free consultation and no-cost legal advice about the pending or threatened legal action.
Price & Price Attorneys can be reached through our main office number (864) 271-3535. What are you waiting for when the meeting is FREE?