Were you or your child accused of a Title IX violation in Lexington, Kentucky? The pending investigation and hearing could have far-reaching implications for your future. However, you also have legal rights and options to fight back against the allegations. We can help.
The Lexington Title IX defense lawyers with Suhre & Associates, LLC, have more than 100 years of combined experience practicing law. We know what it takes to offer a formidable defense, no matter the accusations you’re facing.
Title IX cases can be complex, involving federal law and procedures not governed by the court system. Our legal team understands this complexity and can offer you sound legal advice and guidance throughout the process.
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What Is Title IX and Who Does It Cover?
Title IX is a part of the Education Amendments of 1972 and is a federal law that protects people in certain educational institutions from discrimination based on sex.
The full text of Title IX reads, “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.”
Title IX applies to any United States educational institution receiving federal funding. It applies to both public and private institutions. Because nearly every educational institution in the United States receives federal funds, Title IX applies to nearly all educational programs and activities in the country.
Within any given institution, Title IX applies to all faculty, staff, and students.
How Do Institutions Comply With Title IX?
Schools and other educational institutions that receive federal funds must take a number of steps to remain in compliance with Title IX. These steps include, but are not necessarily limited to, the following:
- Satisfying a Title IX participation requirements test
- Having a Title IX Coordinator who is in charge of the school’s compliance with the law
- Putting forth and distributing a policy regarding sex discrimination
- Establishing a system for students to file sex-based discrimination complaints, including those based on sexual harassment or violence
- Responding to and addressing discrimination complaints
The requirements related to responding to and addressing complaints remain in place even if the accused is subject to a criminal investigation.
Who Enforces Title IX?
The Office for Civil Rights (OCR), part of the United States Department of Education (ED), is primarily responsible for enforcing Title IX. Specifically, OCR does the following to help enforce Title IX:
- Evaluate, investigate, and resolve complaints based on sex discrimination
- Conduct proactive investigations based on information received other than complaints
- Provide information and guidance to covered educational institutions
Educational institutions themselves also work to enforce Title IX through their policies, internal investigations, and disciplinary proceedings.
Does Title IX Only Apply to Athletics?
No. While collegiate athletics is a key focus of Title IX, it applies to every aspect of education. This means that Title IX applies to financial assistance programs, course offerings, employment, housing options, student health insurance, and much more.
What Are the Penalties and Consequences of a Title IX Violation?
The penalties and consequences of a Title IX violation are highly case-specific. Generally speaking, there will be an investigation and hearing held within the educational institution. Based on the nature of the accusations, there may also be a criminal investigation.
Not all types of allegations require the same type of procedures. For instance, more minor accusations may entail a more informal evaluation, such as mediation. More severe allegations may involve a more formal hearing at the school.
Examples of potential penalties can include:
- Loss of financial assistance, such as scholarships
- Expulsion or firing from the educational institution
- Jail time and fines, if found guilty in criminal court
- Mandatory counseling
- Disciplinary suspension
- Criminal charges
The consequences of a Title IX violation can impact the rest of your life. At the extreme, if found guilty of a felony, the following collateral consequences may apply:
- Difficulty finding housing, schooling, or employment
- Immigration issues (if applicable)
- Loss of personal and professional reputations
- Loss of certain rights
Many of these consequences result from having a felony conviction on your criminal record.
How Can Suhre & Associates, LLC, Help If I’ve Been Accused of Violating Title IX in Lexington, Kentucky?
It can be especially important to hire an experienced Lexington criminal defense lawyer if you’ve been accused of violating Title IX. The investigation and hearing conducted by the school aren’t subject to the vigorous rules that are in place in criminal court. Nonetheless, your constitutionally-afforded rights, such as the right to due process, generally still apply.
Guidance from the OCR imposes various requirements on schools in terms of how their hearings and disciplinary proceedings are conducted. However, compared with criminal court, these requirements are not as easily recognized and enforced.
If you don’t have legal representation throughout this process, you may be taken advantage of and receive an unjust outcome that is not in line with the law. Our Lexington Title IX lawyers can defend you from start to finish and make sure this doesn’t happen. Specifically, we can help by:
- Ensuring that your constitutional and other legal rights are maintained at all times
- Advise you on how to proceed and keep in contact with you at every stage
- Act as a middleman between you and the school as needed
- Defend you against any extant or subsequent criminal charges
- Conduct our own investigation into your situation and determine your best legal course of action
Contact our law office in Lexington, KY, today to discuss your case and legal options. Your initial consultation is free of charge.
Schedule a Free Consultation With an Experienced Lexington Title IX Defense Attorney
You still likely have time to defend your rights and interests if you have been accused of violating Title IX in Lexington, Kentucky. With the help of one of our trusted Title IX defense attorneys, you’ll be well-equipped to respond to the allegations you’re facing.
Benefit from a legal team with over a century of combined experience; hire Suhre & Associates, LLC. You can get started today by calling 859-413-4020, and we’re available to speak with you 24/7.