Title IX Claims Against Faculty

Teachers, professors, and other school faculty often work for years to build their reputation and standing, all of which can be destroyed in an instant due to allegations that they engaged in sexual misconduct in violation of Title IX. Simply because a person is accused of violating Title IX does not mean that they will be deemed responsible, however, and there are often arguments they can assert in their defense. If you are a faculty member faced with allegations that you violated Title IX, it is vital to speak to an attorney about your options for protecting your interests and your career. Sam Bernstein of ArborYpsi Law is a skillful Ann Arbor criminal defense attorney who understands the harm Title IX claims against faculty can cause, and if you hire him, he will fight to help you seek justice.

Title IX is a federal law that prohibits sex-based discrimination in educational institutions that receive federal funding. Among other things, it prohibits sexual discrimination and mandates schools to develop policies designed to prevent and address such misconduct. Sex discrimination encompasses various forms, such as sexual harassment, stalking, domestic violence, dating violence, unwelcome sexual conduct, and sexual assault. Title IX applies to all aspects of education, including admission, curriculum, extracurricular activities, athletics, and disciplinary actions, and is applicable to any school that receives federal funding, which may also include private institutions.

The procedure for how an institution handles claims that a faculty member violated Title IX depends, in part, on factors such as the nature of the allegation, the age of the parties, and the school's size and administrative structure. Most policies adopted by educational institutions follow the same general parameters, though.

First, the complainant, which may be a student or employee, will file a complaint or report alleging a violation of Title IX. This complaint is usually submitted to the Title IX Coordinator or another designated authority within the educational institution. Once a complaint is filed, an investigation is initiated by the institution. The investigation process involves gathering evidence, conducting interviews with relevant individuals, and reviewing pertinent documents or records. Throughout this process, the accused teacher or professor is provided with the opportunity to present their side of the story and provide evidence in their defense.

Following the investigation, the Title IX investigator or a designated decision-maker will collect and assess evidence to determine if the allegations are substantiated. The accused individual is usually given the chance to review and respond to the evidence against them.

In some cases, a formal hearing or adjudication process may be conducted. This allows both the complainant and the alleged assailant to present their cases, cross-examine witnesses, and provide additional evidence to support their positions. Depending on the facts surrounding the allegations, there may be defenses available to Title IX claims against faculty, including inadequate evidence to demonstrate a violation, lack of credible witnesses, and the failure to comply with the established Title IX procedure or policy.

Ultimately, a final determination is made regarding the responsibility of the faculty member. This determination takes into account the findings of the investigation or hearing and considers whether there is sufficient evidence to support the allegations of Title IX violation. Parties have the option to appeal final determinations made in Title IX claims.

Title IX claims against faculty can have lasting implications, and it is important that any faculty member accused of violating Title IX consult an attorney to discuss their rights and potential defenses. Sam Bernstein of ArborYpsi Law is a trusted Ann Arbor criminal defense lawyer who dedicates his practice to helping people protect their rights and reputation, and if you engage his services, he will advocate zealously on your behalf. We have an office in Ann Arbor, and we regularly represent faculty in Title IX investigations and proceedings and criminal cases throughout Michigan, including cities in Ann Arbor, Dearborn, East Lansing, and Flint. You can reach us through our online form or by calling us at (734) 883-9584 to set up a confidential and free conference.