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Title IX protects us from discrimination. It covers a variety of basis for discrimination. If you are the victim of unlawful discrimination, our South Carolina Title IX lawyers are prepared to aggressively represent your interests and fight for justice.
The law originated as part of the education amendments passed in 1972. Title IX is a federal law that was designed to protect individuals from being discriminated against based on gender. The law was meant to provide equal opportunities for individuals in athletics and school admissions as well as to prevent discrimination based on pregnancy.
What Is Title IX?
Title IX is a federal law that prohibits gender-based discrimination. It says:
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. (U.S. Department of Education)
The law is meant to make society fair. One group shouldn’t have more opportunities in education because of gender characteristics. Title IX prohibits discrimination and creates a recourse so that you can fight back when discrimination occurs.
Who’s in Charge of Enforcing Title IX?
Title IX is a matter of public interest. Discrimination harms an individual victim, but it also hurts society as a whole. For that reason, government authorities take a role in enforcing civil rights laws. The Office for Civil Rights investigates complaints alleging Title IX violations. There are regional offices throughout the United States.
What Does Title IX Say?
Title IX law says the following:
- All persons are covered
- No one may be excluded, denied or discriminated against
- The prohibited basis for discrimination is gender
- In education programs or activities
- That receive federal funding
- The law applies nationwide
So what does all that mean?
Most people know that Title IX prohibits discrimination in extracurricular sports programs. A school cannot fund or offer more boys programs than they offer for girls. However, the law goes much further than sports. It applies to all activities in education. In addition, the law applies at all levels – from elementary school through universities. The law has been interpreted broadly to provide a wide range of protections.
Who Does Title IX Protect?
Title IX protects everyone – men, women, and gender non-conforming individuals. Students, faculty and staff are covered. Even prospective students are covered in the admissions process.
Of course, refusing participation in a program because of gender is only one type of discrimination. Remember that discrimination can take many forms, including sexual harassment and sexual violence. A person cannot fully and fairly participate in an education program if they are forced to endure harassment or sexual violence. Pregnant individuals are also protected from discrimination based on pregnancy.
Title IX and Sexual Violence
One issue that has received some media attention is the way that colleges and universities have mishandled reports of sexual violence on campus. Having an environment that is not discriminatory means responding appropriately when sexual abuse occurs on campus. The university has a legal duty to respond fairly to stop and mitigate the effects of sexual violence on campus.
The action that the police take is separate. Whether or not criminal charges are filed, and regardless of the outcome, the educational institution must prevent discrimination in the form of sexual violence.
Lawyers for Title IX Sexual Harassment Discrimination in South Carolina
We are lawyers handling Title IX sexual harassment and discrimination in South Carolina. If you have questions about what has happened or a situation that you are experiencing, contact the David Aylor Law Offices at (843) 548-1575.
What Schools Are Covered by Title IX?
Schools covered by Title IX are:
- Elementary
- Middle
- High Schools
- Traditional schools
- Alternative schools
- Charter schools
- Trade and technology
- Universities
- School-sponsored internships
- Private educational organizations that receive federal funding
What Has Title IX Achieved?
Women continue to represent a growing number of students in higher education as well as a greater percentage of high-school and college athletes. Not only does the law give victims a recourse, but it also gives educational institutions directives for how to organize and implement programs. The achievements of Title IX have been far-reaching. Pursuing legal action requires administrators to implement equality and justice in their educational programs.
Who Can File a Title IX Complaint?
Anyone who believes that discrimination has occurred or is ongoing may file a Title IX complaint with government officials. In addition, if you have been the victim of sex-based discrimination, harassment or violence, you may file a Title IX lawsuit. Parents may file on behalf of a minor child.
When Should You File?
The timeline for a Title IX complaint is important. You must file the complaint within 180 days of experiencing the discrimination. If there is an internal school grievance process, the timeline is 60 days from the end of the grievance process.
Don’t let the timeline run out on your case. Even if what has happened is extremely offensive and harmful, the complaint must be submitted within the time frame.
What Should Your Title IX Complaint Say?
What you say in your Title IX complaint is very important. You need to give the investigating authorities a clear statement of the facts so that they can investigate. The complaint needs to state who has been discriminated against and what has occurred to cause the discrimination. It should provide enough information to allow officials to proceed.
How to File a Complaint
The Office of Civil Rights accepts Title IX complaints. They provide instructions for submitting a Title IX complaint electronically. Complaints can be submitted through their website, emailed, faxed or mailed.
Title IX Retaliation
Just as it is illegal to discriminate against someone in violation of Title IX, it’s also illegal to retaliate against someone because they file a complaint. People should be able to exercise their Title IX rights and report violations without worrying about how the educational institution is going to react. The institution must not penalize them academically or do anything to discourage them from continuing their education. Retaliation by itself is grounds for action.
Consequences for Violating Title IX
A school in violation of Title IX may lose their federal funding. In general, they are compelled to make changes and improve their systems. In addition, the victim may take legal action to seek damages because of discrimination or the school’s failure to remedy the discrimination.
Can You File a Lawsuit Over Title IX Violations?
A victim may file a lawsuit over a Title IX violation. The Office of Civil Rights is focused on compelling the school to comply with the law – not necessarily to pay compensation to the victim. A Title IX lawsuit brought by the victim focuses on their damages and the school’s actions specifically towards them. You have the right to representation from a South Carolina Title IX lawsuit lawyer.
South Carolina Lawyers Who Get Results for Title IX Lawsuits
Being the victim of Title IX discrimination is extremely distressing. At the David Aylor Law Offices, we know how to protect your rights. We care deeply about helping you fight for justice, including any monetary compensation that you may be due under the law. Contact us at (843) 548-1575 for a confidential case review.