If You Are in College, You Need to Read This and Follow Me for Updates!
What is Title IX?
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Title IX is a federal law that protects students from being discriminated against based on sex. Schools and students are using it at record speed to combat sexual assault, sexual misconduct, and sexual violence on campus. You may hear these terms referred to as dating violence, domestic violence, and sexual or physical abuse on campus.
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The actual law states, "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."
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So, if educational institutions are receiving federal funding to operate (most of them do, particularly public universities), then they must protect students from sexual harassment or assault.
When does a Title IX case start?
A Title IX case starts when one student says they were sexually harassed or assaulted (touched without consent, sex without consent, etc.) Every school would have a Title IX office (I've put a link to some of these at the end of the blog post). The school has a Title IX Coordinator who assigns an investigator that looks into the charges. The investigator would reach out to both students and ask for a statement and corroborating evidence of the nonconsensual touching.
Is there a Title IX Georgia Sexual Assault policy at my school?
Yes, but your school's policy is likely different than another school's policy. It is important to read the policy (or, better, let your lawyer help you). Here is an example of a Title IX policy from the University of North Georgia in Dahlonega (as of December 24, 2021; policies change all the time, so it is important to keep up with the changes).
What are the upcoming changes?
Generally, the Title IX policies change with every President. The rules either benefit the Complainant--who is the person who was touched without consent--or benefit the Respondent--the person who claimed they did nothing wrong and the sexual act was consensual. Recently, the rules changed to allow students to have their advisor/lawyer ask the Investigator and Complainant questions and prepare a defense. The standard of proof was also raised to be a bit harder to prove a student committed the act. There were also not many remedies for transexual, bisexual, and other classes of gender in the rules under the President Trump administration. I expect the policies to broaden the remedies in that area.
The final revisions of the new Title IX code should be done by April 2022.
Call me as soon as you receive a letter from the school!
Title IX cases are incredibly complicated and can affect a student's status in school. For example, a student found at fault in a Title IX case can be suspended or expelled. There may also be (and usually is) a criminal investigation conducted parallel to the Title IX case. Most of my clients accused of Title IX wrongdoing are also under law enforcement investigation. Please get in touch with me as soon as you receive a letter from the University. I can respond for you and defend your rights under Title IX and the Student Code of Conduct.
University of North Georgia - Title IX Office
University of Georgia - Title IX Office
Kennesaw State University - Title IX Office