Protecting Students' Rights In & Out of the Classroom

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Title IX of the Education Amendments of 1972 (“Title IX”) prohibits discrimination on the basis of sex and/or gender in schools and universities that receive federal funding. Most people understand that to mean schools cannot discriminate against an individual for participating in activities at the school itself (i.e., admissions, athletics, housing, etc.). However, Title IX’s most noticeable impact on students’ and employees’ lives in a post-# MeToo era lies in the obligations that schools and universities are under to investigate and root out sexual harassment in the context of education. To that end, Title IX recognizes that certain offenses and conduct based on sex are always discriminatory and infringe upon an individual’s ability to participate in the educational program and activities. This class of conduct includes sexual harassment generally but also includes sexual misconduct like sexual assault, sexual exploitation, sexual coercion, dating violence, domestic violence, and other sex-based offenses. It is this required response to sexual harassment and sexual misconduct that brings Title IX barreling into students,’ families’ and educators’ lives more than any of its overt anti-discrimination provisions.

Whether you are the victim of, or are accused of, sexual harassment, sexual misconduct, or other sex-based discrimination under Title IX, having a team of experienced, trained Title IX attorneys and legal staff is often the difference between someone getting expelled or fired and someone walking away without punishment. As schools love to extol, Title IX sexual misconduct proceedings are not courts of law. They do not apply the federal rules of evidence, do not mandate public access to the proceedings, and do not require strict adherence to certain constitutional protections sacrosanct to judicial proceedings across the country. Having a legal team that is versed in and experienced with these critical nuances in substantive law and procedure is critical for any student or employee who wants to win their Title IX proceedings. 

At the Law Offices of Schwartz & Arminavage, we are proud to represent students and employees across the country at the K-12 and collegiate levels in sexual harassment and sexual misconduct proceedings. We’ve represented both complainants and respondents (Title IX’s labels for plaintiff and defendant), students and staff, at all levels of education, leveraging our advanced understanding of education law, constitutional law, criminal law, and administrative law to deliver successful results. Additionally, we have a proven track record of holding schools and universities accountable for failing to protect students from sexual misconduct and failing to properly follow required procedures in adjudicating sexual misconduct. We’ve consistently secured significant compensation for our clients from schools and universities for failing to comply with the law in relation to our clients.