Long Island Title IX Lawyer
In 1972, the federal government passed a large body of legislation known as Title IX. This sweeping new legislation made it illegal for any educational institution which receives federal funds to discriminate against a person based upon their sex. As such, all colleges and universities are required to treat all students equally based on their sex in all reasonable ways.
Despite this, many people face daily discrimination while attending college or university. This may occur in the classroom as well as on the athletic field or in housing.
Included in the Title IX legislation is the means to enforce this law and Long Island Title IX lawyers are here to help. Skilled New York lawyers represent people who have faced discrimination based on their sex to stand up for their rights and to seek appropriate remedies.
How to File a Title IX Complaint
There are two means by which a person may utilize Title IX to hold their school responsible. The first is by filing a complaint through the Office for Civil Rights (OCR). This complaint must be filed within 180 days of the alleged discrimination.
The OCR will then investigate the claim on their own using information provided by the student. This information must include:
- The student’s contact information
- Contact information for the school
- If there has been any attempt between the student and school to settle the issue prior to complaining
- How the school violated the student’s rights
- What actions the student would like to see taken to resolve the issue
This information can be provided either online or by mail. Either way, the OCR will attempt to get the school to voluntarily comply with any violations, but if this does not work, the Department of Justice will prosecute the claim.
This method is fairly hands-off for the complainant but getting the paperwork correct and testifying in any enforcement action can be intimidating. Long Island Title IX attorneys assist individuals with the necessary paperwork and prepare them for any hearings that they are required to attend.
Title IX Civil Lawsuits
The second means for enforcement is a direct civil lawsuit against the school in Federal Court. This is only an option if the school has sexually harassed the student.
This process is independent of any action taken by the OCR and may be pursued even if the OCR declined to take on the case. It is entirely the responsibility and onus of the student to initiate and prosecute the case: the federal government will offer no assistance.
Still, this method is the preferred one if the case involves sexual harassment since the court may order the payment of compensation in addition to any required changes to school policy. Long Island Title IX attorneys represent students in these cases to file the claim and argue it in court.
Role of a Long Island Title IX Attorney
A Title IX violation can happen to a man just as easily as a woman. All educational institutions are required to provide equal amenities and protections to all students regardless of sex.
Using tools such as the Clery Act, the federal government has taken steps to ensure safety and equal rights on campuses around the country. Despite these strong laws, many institutions are in violation of Title IX. These violations open the school to investigations by the OCR and the Justice Department to enforce the law. When these violations amount to sexual harassment, a student may sue the school for damages in civil court.
Long Island Title IX lawyers are here to help students to understand their rights under Title IX. If they find that these rights have been violated, they work together to uphold the law and ensure that the student is afforded the remedies that they deserve.