Why it is significant: Never before has Title IX been tested in this realm. Haidak sued the university, alleging administrators subjected him to a biased hearing process. Popular title of Case (in italics). Shubin Law has a long and successful track record of achieving favorable outcomes in challenging, high-stakes cases. Title IX creates rules and procedures that colleges need to follow for reporting and enforcement of policies and statistical research on safety from sexual assault. An investigation of the University of Illinois at Urbana-Champaign, for example, was resolved the same month the complainant and the university agreed to a settlement. Then there are some Title IX cases DeVos neither mentioned nor implied, but could have easily served as examples of the sort of mania that has taken hold on campuses: 6. Dr. Schools are legally required to inform students and staff, as well as applicants, parents and unions, of their right, as a victim, witness or confidante, to file a Title IX violation. Amherst College Where it is now: Remanded to a federal district court for further proceedings. Because it examines policy violations, the investigation must occur independently of a legal investigation. Disclaimer | Site Map. And hundreds of lawsuits have been filed since 2011 challenging the fairness of institutions' processes. Title IX, which applies to all federally funded educational institutions, prohibits sexual discrimination, harassment and assault, domestic violence and stalking. That means OCR finds there isn’t enough support for the allegations it has been investigating. Title IX investigations are carried out similarly to any other. Sexual harassment can also include quid pro quo harassment where opportunities or benefits are exchanged for or offered in exchange for sexual favors. Sara Lipka edits coverage of campus life and other topics. Example: Minister for Immigration and Border Protection v Kumar (2017) 260 CLR 367 (Austl.). However, the school may still be required to offer a co-ed version of these classes to ensure equality. The office issues a letter of findings. The Law Office of Andrew Shubin’s sex discrimination lawyer fights to get compensation and justice for victims of sex discrimination in high school and college. An investigation of Xavier University of Ohio was administratively closed the same day another investigation there was opened. Claiming a Title IX violation in a hazing episode opens up the possibility for students to allege administrators have been biased in other areas, such as if men and women were cited for underage drinking disproportionately. Details of the case: James Haidak is a former University of Massachusetts at Amherst student who was suspended and then expelled after his ex-girlfriend accused him of physical assault while they were studying abroad in 2013. One is a letter of findings, which generally explains what federal officials investigated and why (because of a complaint or a proactive compliance review), establishes whether the college violated the law, and details any missteps. Title IX. To avoid losing funding, every school needs a formal process for receiving, investigating and resolving Title IX violations. A federal district court dismissed his claims, but an appellate court found his suspension was likely unconstitutional because he hadn't been given a chance to have a hearing beforehand. Rhodes College settled a Title IX lawsuit with a former football player earlier this year. Specifically, these issues often come down to locker rooms use, bathroom use, and participation in gendered sports for trans, gender non-conforming, and non-binary students.

The discrepancies in the court rulings potentially set up a Supreme Court challenge, and may clarify a major issue among Title IX practitioners, experts told Inside Higher Ed. What does an EOAA Office do for Higher Ed? Confidential or time-sensitive information should not be sent through this form. This puts the total number of Title IX investigations officially dealing with sexual harassment at 315.