Title IX Claims in Kindergarten Through High School

Title IX is a federal law that prohibits sex discrimination in educational programs and activities receiving federal funding. Among other things, it prohibits sexual misdeeds like assault and harassment. While Title IX is often associated with higher education, its protections also extend to students in kindergarten through high school. As such, students accused of violating their school’s Title IX policy may be suspended or expelled and, in some instances, may face criminal charges. It is crucial, then, that anyone whose child is accused of engaging in behavior barred by Title IX speaks to an attorney at your earliest opportunity. Sam Bernstein of ArborYpsi Law is a dedicated Ann Arbor criminal defense attorney who is well-versed in the complexities of Title IX claims in kindergarten through high school, and if your child is accused of engaging in conduct in violation of school policy, he can help you fight to protect their interests.

Title IX applies to all aspects of education in elementary and secondary school settings, including admission, curriculum, extracurricular activities, athletics, and disciplinary actions. Its primary goal is to prevent sex-based discrimination, harassment, and retaliation against students. Notably, Title IX applies to any school that receives funding from the federal government, which in some instances includes private institutions.

Under Title IX, schools are required to promptly investigate and address complaints of sex discrimination and take appropriate remedial measures. Sex discrimination has been interpreted to include, but is not limited to, sexual harassment, stalking, domestic violence, dating violence, unwelcome sexual conduct, and sexual assault. Additionally, each school district must have at least one individual designated as the Title IX Coordinator.

Title IX mandates that schools establish and make known their grievance procedures to ensure swift and fair resolution of complaints from students and employees.

Among other things, a school's grievance process must specify the standard of evidence or proof to be used when determining responsibility. The two possible standards mentioned are the "preponderance-of-the-evidence" standard and the "clear-and-convincing-evidence" standard. The preponderance-of-the-evidence standard means that the decision-maker must assess whether the alleged facts are more likely than not to be true. On the other hand, the clear-and-convincing-evidence standard requires the decision-maker to determine whether it is "highly probable" that the alleged facts are true.

If the evidence presented by the complainant is insufficient to meet the standard of proof established by the policy, the student accused of violating Title IX may be able to argue that they should not be held responsible.

The specific procedures employed by each school to handle Title IX complaints may differ based on factors such as the type of allegation, the age of the involved students, and the school's size and administration.

Usually, after conducting an investigation, the school will assess the evidence presented by all parties involved and reach a final decision regarding responsibility. The outcome of the investigation, including any policy violations, investigation procedures, findings, conclusions, the final determination of responsibility, and the rationale behind it, will be communicated to all parties. The decision will also include information about disciplinary actions that will be taken against the accused individual. Additionally, the parties involved will typically have the right to appeal the decision.

Accusations that a child engaged in sexual harassment or assault arise in grade school or high school can irreparably harm their reputation and rights. It is vital, then, that they seek counsel from an experienced attorney. Sam Bernstein is an assertive criminal defense lawyer from ArborYpsi Law who is adept at helping children faced with Title IX claims in kindergarten through high school fight to safeguard their future, and if you hire him, he will work tirelessly to help you seek a good outcome. Our office is conveniently located in Ann Arbor, and we regularly assist parties with Title IX investigations and proceedings in cities across Michigan, including Ann Arbor, East Lansing, Dearborn, and Flint. To set up a confidential and complimentary meeting, you can reach us via our online form or by calling (734) 883-9584.