Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination at educational institutions that receive federal funding – which includes nearly all universities, both public and private. While most people associate Title IX with addressing sexual harassment or assault in schools, the law also protects individuals from retaliation for reporting violations or participating in investigations. Read this blog and contact the legal team here at Allen Harris if you believe you’ve been unfairly retaliated against.
What Constitutes Title IX Retaliation?
Retaliation occurs when an individual faces adverse actions because they filed a Title IX complaint, reported a violation, or participated in the investigation or hearing process. Retaliation does not just happen to those who report violations; accused students and witnesses participating in campus Title IX proceedings often face retaliation too. Retaliatory actions can take many forms, including:
- Lowering grades or restricting access to educational resources.
- Social ostracism, bullying, or harassment by peers or staff.
- Unjustified disciplinary actions, like suspensions or terminations.
- Threats, intimidation, or pressure to withdraw a complaint.
Title IX protects students, employees, and others in educational settings from retaliation by schools, their employees, or peers. Adverse actions don’t have to be extreme; even subtle forms of retaliation, like excluding someone from school activities, can violate Title IX. If the actions would dissuade a reasonable person from filing or participating in a Title IX matter, they may constitute retaliation.
How Can You Recognize Retaliation in a Title IX Case?
Retaliation can sometimes be overt, like a direct threat, but it is often more covert, such as a sudden decline in opportunities. To identify potential retaliation:
- Document any significant changes: Keep detailed records of incidents, including dates, descriptions, and the individuals involved.
- Monitor interactions: Watch for shifts in behavior from professors, supervisors, or peers.
- Compare treatment: Note whether you are being treated differently from others in similar positions.
These patterns can serve as evidence if you need to pursue legal action. Importantly, retaliation may occur immediately or develop over time.
What Are Your Legal Options?
If you believe you are experiencing retaliation, there are steps you can take to protect yourself and assert your rights.
- File a retaliation complaint with your school: Schools are obligated to investigate claims of retaliation thoroughly and impartially. Submit your complaint as soon as possible, providing detailed documentation of the alleged retaliatory acts.
- Consult a Title IX attorney: A lawyer experienced in Title IX cases can help you understand your rights, assess the strength of your case, and guide you through the complaint process. They can also assist in determining whether additional legal remedies, such as filing a lawsuit, are appropriate.
- Request accommodations: If retaliation impacts your ability to participate in school or work, you may request interim measures, such as class adjustments or alternative supervision, while your case is investigated.
If you have further questions about university retaliation or wish to speak with a seasoned attorney about your case, please don’t hesitate to contact Allen Harris today.
