Title IX Lawyers in New York
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in federally funded institutions. This includes K-12 schools, universities and colleges, and technical schools. Title IX protects both students and faculty members from sex discrimination. Any allegation of sexual harassment, assault, or other misconduct committed at a federally funded school can not only lead to criminal charges but also have serious implications for the student’s status at the school or a faculty member’s employment. The rules of evidence and procedures in a Title IX proceeding are much different than those in criminal court, and our attorneys have extensive experience handling these cases at schools throughout New York State.
With decades of experience handling Title IX cases, our team of attorneys offers statewide representation in New York State Title IX cases with offices in Albany, Syracuse, Buffalo, Manhattan, White Plains, Rochester, and Saratoga.
What is the Title IX Law in NY?
In New York State, educational institutions are required to adhere to 20 U.S.C. 1681(a), a section of the Education Amendments of 1972 that 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.”
Title IX protects both students and faculty and can be applied to issues pertaining to admission, financial assistance, athletic participation, promotions, housing, student-student relationships, student-teacher relationships, and more.
Consequences Resulting from a Title IX Investigation
Being the subject of a Title IX investigation can have a serious impact on a student’s academic or athletic career or a faculty member’s employment. Possible results of a Title IX investigation in New York include:
- Expulsion
- Athletic Suspension
- Academic Suspension
- Loss of Financial Assistance
- Loss of Employment
- Criminal Charges
- Loss of Tenure
- Revocation of Degree
Any instance of expulsion or suspension is recorded in a student’s academic record. If the student wants to transfer to a new school, they must sign a FERPA form to release their records to the transfer school. Having a disciplinary record involving an unfavorable Title IX decision could severely impact future educational and career prospects.
As a student athlete accused of a Title IX violation, the consequences could be life-altering. College athletes run the risk of having their athletic scholarships revoked, removal from the team, or missing vital playing time due to suspension.
How Do Title IX Cases Work?
All Title IX investigations begin with a complaint to the Office of Civil Rights (OCR). Any time OCR receives a complaint based on a Title IX violation, it must investigate. A Title IX investigation begins with gathering the facts. In this phase of a Title IX investigation, interviews are conducted and any relevant evidence is collected. Once the investigation is completed, a Title IX Hearing will take place. Title IX hearings are like court proceedings in that they involve the presentation of evidence and the examination of witnesses. However, instead of a judge or jury, a Title IX Hearing is presided over by the appointed Title IX Investigator. You have the right to legal representation by a New York State Title IX attorney, like the knowledgeable attorneys at Tully Rinckey, during all phases of a Title IX investigation and hearing.
How a Title IX Attorney Can Help
Title IX allegations should be approached with the same seriousness as any criminal court matter. In fact, a Title IX allegation could lead to a criminal court proceeding, separate from the educational institution hearing. A knowledgeable and dedicated Title IX lawyer can not only help you gather evidence and formulate a Title IX defense strategy for institution hearings but can also assist with any criminal or civil matters that arise from the allegations. Having a Title IX defense lawyer will also help ensure that your due process rights are not being violated, as many schools have become overburdened with Title IX investigations and may rush the proceedings to save time and other resources.
