Title IX Defense Lawyer in Southern Illinois

Title IX Defense Lawyer in Southern Illinois

Title IX is not a criminal statute. Instead, it contains anti-discrimination laws that apply to educational institutions, teachers and administrators, and students. Although you won’t receive jail time for a Title IX violation, you could face expulsion, termination, and loss of financial aid. Combs Waterkotte knows Title IX defense. We have more than 60 years of legal experience, which we can leverage to craft a robust defense against your allegations.

Federal Laws That Define Educational Discrimination

In 1972, Congress passed the Educational Amendments, commonly called “Title IX.” This legislation was concerned with sexual discrimination by educational institutions. Originally, it was meant to prevent discrimination in admissions or classroom treatment.

However, Title IX has since evolved, and many cases now involve sexual harassment, sexual misconduct, and sexual assault.

Specifically, learning institutions can invoke Title IX to discipline administrators, teachers, and students for committing sex crimes against students. Students can also use it to sue schools for failing to protect them from discrimination and victimization based on their sex.

Title IX applies to any educational program or activity that receives federal funding. It therefore covers all of the following institutions:

• Public schools
• Educational institutions that receive federal grants
• Colleges and universities that accept students who receive federal financial aid

The provisions of Title IX also extend to the following individuals who are subject to the policies of the aforementioned institutions:

• School administrators
• Professors and teachers
• Teaching and research assistants
• Students

Although the law isn’t a criminal statute, failing to present a persuasive Title IX defense could result in these individuals and institutions receiving sanctions or facing other consequences.

What Title IX Prohibits in Southern Illinois

Title IX is deceptively simple. The operative section of the law states that no one enrolled in any program or activity that receives federal financial assistance shall be subjected to the following actions based on their sex:

• Excluded from participation
• Denied the benefits of the program
• Subjected to discrimination

Thus, an institution violates Title IX when it excludes or discourages women from participating in science classes. This type of discrimination falls squarely within the scope of Title IX as originally contemplated.

However, past court cases have defined sexual discrimination to include sexual harassment. This prohibition doesn’t appear expressly in Title IX; it arises from judicial decisions that interpreted the law to include sexual assault, harassment, and mistreatment.

Common Scenarios Where a Title IX Defense May Be Required in Southern Illinois

You may need a Southern Illinois Title IX defense attorney in any of the following situations:

Accusations Against Institutions in Southern Illinois

Under Title IX, educational institutions and programs must have policies in place to address known or likely incidents of sexual misconduct.

For example, an institution needs a process for receiving sexual harassment and assault complaints from teachers, employees, and students. It must have a way to investigate and adjudicate harassment or assault, and follow through with some penalty to end the behavior. It must also train employees, students, and faculty members to avoid Title IX violations.

Based on the courts’ interpretation of Title IX, victims can pursue legal claims against institutions when they act indifferent to complaints of discrimination and harassment.

Therefore, if a student at a college in Illinois files a police report alleging criminal sexual assault by another student in the dorms, the college must take action. If it ignores the allegations, it may be subject to a lawsuit.

Accusations Against Teachers

Another common source of Title IX violations occurs when students allege sexual harassment or discrimination by a teacher.

Again, this violation isn’t explicitly outlined in Title IX. However, courts have interpreted its ban on sexual discrimination to include teachers treating a student differently based on gender through harassment, unwanted attention, or assault.

Accusations Against Students in Southern Illinois

One of the most common types of Title IX allegations arises when a student claims that another student sexually harassed or assaulted them. Again, this might seem remote from “sexual discrimination.” However, you can analogize this type of discrimination to creating a hostile work environment, which employment law prohibits.

In a Title IX case, allowing a student to commit a sex crime such as aggravated criminal sexual assault against another student creates a hostile educational environment. The victim is effectively pushed out of the institution due to their sex.

Importantly, it doesn’t matter whether the motivation behind the harassment or assault is misplaced attention, overenthusiastic affection, or malice. If the victim is targeted based on their sex or sexual orientation, they’ve been discriminated against within the scope of Title IX.

Possible Title IX Defense Strategies in Southern Illinois

The defense you raise in a Title IX case may sound similar to the criminal defense strategies used in court. Some possible defenses include the following:

Mistaken Identity

Sexual assault allegations sometimes involve questionable identifications. The victim may have been drinking or using cannabis or other substances and may not have a clear recollection of what happened.

If you’ve been falsely accused of sex crimes in a Title IX disciplinary action, we may be able to present alibi evidence showing that you weren’t responsible for the alleged act.

Consent

Consent can be a compelling defense in a Title IX action. If the relationship or action was consensual, you may be excused for certain acts. For example, if you have a friendly relationship, you might be allowed more latitude to tease or flirt. Similarly, consensual sex doesn’t constitute harassment or assault.

We can provide evidence of consent in your Title IX hearing, such as witness testimony, texts or other electronic communications, and your personal testimony. We can also cross-examine the accuser’s story to identify potential inconsistencies.

Consequences for Title IX Violations in Southern Illinois

Title IX requires educational institutions to prevent sexual discrimination. This means the institution must take action to stop the discriminatory behavior. If a school or program is accused of Title IX violations, it must develop policies and procedures to address discrimination complaints.

When a faculty member or administrator is accused of violating Title IX, the institution may need to suspend or terminate them to stop the discriminatory conduct. Likewise, once a Title IX violation against a student is proven, the school may need to suspend or terminate the student.

Just as importantly, these violations could result in a loss of financial aid, whether in the form of scholarships, grants, or loans.

Differences Between Title IX Defense and Criminal Defense

Defending a Title IX case requires a different approach than a criminal case. Here are some of the key differences between a Title IX defense and a criminal defense: