Where a school has failed to comply with the requirements of Title IX, failed to follow its own policies and procedures or reached an unsupported conclusion, the accused may contest the same through use of the State and Federal Courts.
Courts generally review Title IX matters to see if school policies were followed, if legal standards were complied with and whether the school made an arbitrary decision based on the evidence.
Navigating through the difficult and confusing Title IX process can be frightening and overwhelming. Pattison, Sampson, Ginsberg & Griffin, PLLC can help protect your rights and guide you through the process. Here’s what you need to know:
- Schools may not retaliate against someone for filing a complaint;
- Schools must keep complainants safe from other retaliation;
- >Schools must ensure that no student has to share campus space with the accused (dorm, class, workspace, etc.);
- Schools should issue no contact orders prohibiting the accused from interacting or coming in contact with the victim;
- Schools cannot discourage the continuation of studies;
- Schools are required to have procedures and processes to address complaints of sexual violence, harassment and discrimination
- Schools must provide a fair and impartial process that provides a meaningful opportunity to be heard
- Schools must comply with their own policies and procedures;
- The victim must be treated with dignity and their complaints treated seriously;
- The victim has the right to be accompanied by an advisor of their choice throughout the Title IX process;
- Every school receiving federal funding is required to have a Title IX Coordinator;
- The Title IX Coordinator must ensure compliance with Title IX, and coordinate investigations and disciplinary processes.
- Notice must be given to the parties of the outcome of the complaint;
- Schools must provide for a confidentiality procedure;
- When someone reports sexual misconduct Schools must grant immunity for certain campus policy violations, such as drug and alcohol use.
- The victim has the right to make a complaint to law enforcement
- The evidentiary standard is either “clean and convincing” or “preponderance of the evidence” depending on your school’s policies and procedures.