Protecting Students' Rights In & Out of the Classroom

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Students and staff at educational institutions that receive federal funding may file formal complaints alleging sexual discrimination or sexual misconduct with the school’s Title IX Coordinator. Less frequently, the Title IX Coordinator can issue a formal complaint on behalf of an unwilling complainant.

If a student or staff member believes that the school itself has discriminated against them, and not another student or faculty member, the individual may file a complaint with the Department of Education Office of Civil Rights or sue the school.

Title IX of the Education Amendments Act of 1972, codified at 20 U.S.C. § 1681 and 34 C.F.R. §§ 106, et seq.,  applies to nearly all colleges and universities that receive federal funding, as well as many other educational institutions and programs, including:

• Local school districts
• Charter schools
• Many private schools
• Libraries & museums

Title IX may not apply to certain religious schools, military academies, and certain single-sex educational programs. At the Law Offices of Schwartz & Arminavage, we will explore all available litigation options against your school or university, whether those be pursuant to Title IX or otherwise. 

If you have been accused of Title IX sexual harassment, discrimination, or misconduct, your rights differ significantly from those afforded to criminal defendants. Schools may impose interim measures, including suspension, while an investigation is ongoing. Regardless of the severity of the alleged misconduct, most schools and universities allow for the imposition of a wide array of sanctions which often include suspension and/or expulsion.

Excepting K-12 schools, which can waive the requirement, all individuals accused of sexual harassment, discrimination, or misconduct under Title IX are entitled to a contested live hearing where the parties must answer questions by the “decision maker” or “hearing officer,” who serves in a role very similar to a judge. After questioning by the decision maker, the parties are entitled to cross-examine each other through attorneys and advisors on any matter relevant to the allegations, including a party or witness’s credibility. The hearing represents the single best chance that a party has at winning, as it acts as a chance to most directly attack the flaws in the opposing party’s case.

At the Law Offices of Schwartz & Arminavage, however, we are proud to offer Title IX representation that leverages each and every right guaranteed by Title IX, through all stages of the process, including before and after the hearing. We help clients identify, utilize, and organize all their best evidence, aid them in drafting all required written responses to evidence and investigative reports, and represent the client on appeal when necessary. Whether it’s a party’s right to submit relevant evidence, provide written argument and response, cross-examine their opponent at a hearing, or assist on appeal, you can rest assured that the Law Offices of Schwartz & Arminavage will use every strategic and procedural option available to get you the best possible case resolution.

There is no set timeline for a Title IX case. Some proceedings may be completed in as few as 60 days, while others can take several months. Occasionally, for cases involving multiple complainants or respondents, or for cases with significant sums of evidence, the Title IX process can take over a year. The timeline depends on the allegations, number of witnesses, investigation, and procedures used by the school.

These timelines can vary significantly, and proceedings may continue during school breaks or over the summer. If you are accused of Title IX misconduct, consulting an experienced attorney early in the process can help you understand your rights and prepare your defense. Moreover, there is often legal and strategic benefit to intentionally speeding up or slowing down a Title IX process on campus. Knowing how a case’s timeline for resolution influences a party’s likelihood of success is the kind of time-tested experience that a Title IX party can only get through hiring private counsel.

The Office for Civil Rights (OCR) enforces Title IX by:

• Investigating complaints against schools
• Monitoring schools for compliance with Title IX
• Providing guidance to schools on meeting Title IX requirements

If the OCR determines that a school violated Title IX, it generally gives the school an opportunity to correct the violation. If the school fails to do so, the OCR may pursue federal funding termination proceedings or refer the matter to the Department of Justice for further action.

The OCR may also initiate an investigation without receiving a formal complaint, including when it identifies potential Title IX violations through other sources.

Title IX requires schools to provide students with equal access to educational programs and activities regardless of sex, sexual orientation, gender, gender identity, or pregnancy status.

Schools must:

• Take steps to prevent, address, and remedy sex-based discrimination,      harassment, violence, and retaliation.
• Maintain a fair process for investigating and resolving Title IX complaints.
• Designate a Title IX coordinator to oversee compliance.
• Provide both parties with equal opportunities to review relevant evidence, present their case, and submit questions.
• Offer supportive measures, such as counseling, schedule or housing changes, extensions, and no-contact orders.
• Provide both parties with written notice of the outcome and any sanctions.

In some cases, schools must also offer informal resolution or mediation, although it is only available if both parties are willing to participate in the informal resolution process instead of the contested investigation and hearing process.

A Title IX violation can refer to misconduct by an individual or a violation of a school’s obligations under Title IX.

For students, Title IX violations may involve allegations of sex-based discrimination, sexual harassment, or sexual misconduct. Schools are responsible for investigating and addressing these allegations through their Title IX processes.

Schools may also violate Title IX by:

• Discriminating based on sex, sexual orientation, gender identity, or pregnancy status.
• Failing to respond appropriately to reports of sexual harassment or discrimination.
• Failing to properly investigate Title IX complaints.
• Failing to designate a Title IX coordinator or provide adequate resources for Title IX compliance.

When a school is found to have violated Title IX, the Office for Civil Rights (OCR) may require corrective action, including training, reporting, or other compliance measures. In serious cases, federal funding may be at risk.

Because a Title IX investigation can result in significant academic and disciplinary consequences, students accused of misconduct should understand their rights and consider seeking experienced legal guidance.

A Title IX advisor is someone who assists a student accused of a Title IX violation. Students have the right to an advisor of their choice, who does not have to be an attorney but almost always is. Unlike the school’s Title IX coordinator, investigator, or administrators, an attorney representing you is focused on protecting your rights and helping you respond to the allegations throughout the investigation and disciplinary process. If you’re a complainant, having private legal counsel is often the difference maker between getting justice and seeing the guilty walk free. Unfortunately, in these proceedings, if only one party has an attorney advisor and the other has a student/layperson advisor, the attorney wins far more often than the non-attorney.

Because Title IX proceedings have unique rules and procedures that must work in harmony with both state and federal law, it is important to work with an attorney that has extensive Title IX and litigation experience, knowing which levers to pull and which buttons to press at precisely the right time. The Schwartz & Arminavage Student Defense Team has experience representing students nationwide in Title IX matters and can help you navigate the process and protect your rights, whether you are a Complainant or a Respondent.

Title IX proceedings can be complex and they provide far fewer procedural protections than traditional criminal or civil court proceedings to both the accused and the victim.

An experienced Title IX attorney can help you understand the process, protect your rights, and prosecute/defend allegations effectively. An attorney advisor can:

• Explain your school’s Title IX process and your rights.
• Advise you throughout the investigation and disciplinary proceedings.
• Prepare you for interviews, hearings, and meetings.
• Gather and present evidence at a hearing in support of your defense.
• Communicate with a school’s general counsel or other outside counsel to alert them of potential legal failures by a school’s Title IX team.
• Represent you during disciplinary proceedings.
• Help prepare and submit an appeal when appropriate.
• Address potential related legal or criminal proceedings.
• Draft all written responses to statements, evidence, and investigative reports.

Having experienced legal guidance can help you navigate the Title IX process and make informed decisions at every stage.

Because Title IX cases can move quickly, it is important to seek legal guidance as soon as you learn that a complaint has been filed against you or as soon as you file a complaint. While there is no fixed deadline for completing an investigation, many cases can move forward within a matter of weeks.

Students may hesitate to hire an attorney because they believe the allegations will be resolved quickly, fear the consequences of fighting the case, or receive an offer from the school to resolve the matter. However, even seemingly minor Title IX allegations can have significant academic and disciplinary consequences.

An experienced Title IX attorney can help you understand the applicable rules, review the allegations and evidence, identify evidence that may support your case against the Respondent or your defense to a Complainant’s claims, prepare you for interviews, hearings, and other proceedings. An attorney can also evaluate any proposed resolution, protect your rights throughout the process, and pursue an appeal when appropriate.

The earlier an attorney becomes involved, the more opportunities there may be to protect your rights and build an effective defense. Even if your school has already found you responsible, an experienced Title IX attorney may be able to assist with an appeal or other available legal options, including federal and state litigation against the school.

When you are facing a Title IX investigation or disciplinary proceeding, an experienced Title IX attorney can provide guidance and advocacy throughout the process. Your attorney can help you understand the allegations and procedures, prepare for interviews and hearings, review and gather evidence, communicate with school officials, and protect your rights.

If your case is referred to law enforcement, an attorney can also help you navigate the potential criminal proceedings and coordinate your defense. Because school disciplinary and criminal proceedings can affect one another, having experienced legal representation can help ensure that your decisions in one matter do not negatively affect the other.

A Title IX attorney can also review proposed resolutions, negotiate with the school when appropriate, and pursue an appeal or other legal remedies when necessary. Given the potential impact of Title IX allegations on your education and future, having knowledgeable legal guidance can be an important part of protecting your interests.

Title IX prohibits sex-based discrimination in education programs and activities that receive federal financial assistance. Its protections cover discrimination based on sex, sex stereotypes, sexual orientation, gender identity, and pregnancy or related conditions.

Title IX also addresses sexual harassment, sexual misconduct, and sexual violence, and prohibits retaliation against individuals who report or participate in Title IX proceedings. These protections apply to both students and employees, regardless of sex or gender.

Title IX, generally speaking, prohibits sexual harassment and sexual discrimination. Prohibited conduct under Title IX specifically includes:

• Sex-Based Harassment, including “quid pro quo” harassment;
• Hostile Environment Harassment, including “severe or pervasive” behavior,  directed at a person on the basis of sex, that “denies or limits” the ability of someone to participate in or benefit from an educational program or activity.
• Sex-Based Discrimination, where a school provides some students with access to educational opportunities (or scholarships) and restricts others from having that same access on the basis of sex.
• Sexual Misconduct, which generally refers to committing a sexual act with or to someone without their consent and includes sexual assault, dating violence, domestic violence, rape or attempted rape, inappropriate touching, and physical or suggestive sexual advances.

Title IX allegations can carry serious consequences, including suspension, expulsion, or other disciplinary sanctions. In some cases, the conduct may also result in a referral to law enforcement and potential criminal charges. Moreover, almost all schools and universities have also adopted procedures that punish other similar behavior, such as sexual exploitation, with even fewer procedural protections for the accused. People able to navigate the procedural complexities of these overlapping legal mechanisms is one of the many things that makes trained legal counsel invaluable to parties in a Title IX case.