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TITLE IX SEXUAL ASSAULT

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Title IX Sexual Assault Victim Attorneys

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Standing up for victims of unlawful sexual assault or harassment under Title IX nationwide

Title IX of the Education Amendments of 1972 prohibits unlawful sexual harassment against students or employees in educational institutions or programs that receive federal funding. In 2011, the Department of Education clarified that the prohibition on sexual harassment also extends to sexual violence and assault. Overall, you have the legal right to an educational environment from sexual assault and harassment.

If you have been the victim of sexual assault or harassment you should schedule a confidential, no-cost consultation with the highly experienced Title IX and Conduct Code lawyers at Duffy Law by calling 203-946-2000 today. Our school harassment attorneys are here to help.

What constitutes sexual violence?

Sexual violence can take the form of many acts; including attempted or completed rape, sexual assault, sexual coercion, and sexual battery. These acts take place under the following circumstances:

  • The act occurs against the victim’s will
  • The victim is unable to give consent due to use of alcohol or drugs
  • The victim is unable to give consent due to a physical, mental, or intellectual disability

In addition to sexual violence, unlawful sexual harassment includes stalking, verbal or physical threats based on sexuality, exhibitionism, voyeurism, and intimate partner violence.

Requirements for schools if sexual assault occurs

The Clery Act requires educational institutions to keep track of and report crime statistics to students and employees, including sexual assault and related offenses. In addition, if a school learns of any sexual harassment or violence, Title IX requires the institution to take certain action to protect you and other students from such unlawful acts in the future. The school must enact necessary measures to eliminate the behavior, to remedy the harm caused to students, and to prevent future recurrence of the harm.

If you do suffer harm due to sexual assault or harassment, the school is required to take immediate steps to ensure that you can safely continue your education free from future harm. Such steps may include:

  • Directives for no contact between you and the offending party
  • Any necessary changes to your housing or employment arrangements, class schedules, clubs, or extracurricular activities
  • Take measures to ensure you are free from any retaliatory behavior for reporting the harm
  • Inform you of confidential support services available to you
  • Providing academic support or exceptions if your coursework was jeopardized due to the harm
  • Changes regarding the accused if appropriate

Schools are expected to provide the above for you before, during, and after a hearing. A school further must allow you the right to a formal hearing, and institutions are discouraged from allowing the accused to question you directly. Moreover, mediation is not permitted in sexual assault cases.

Legal rights of student victims

If your school fails to comply with the above requirements or takes retaliatory action against you for reporting the sexual assault, you have legal rights and options. You may file a complaint with the Department of Education to initiate an investigation into the practices and policies of your institution. You may also discuss your case with an experienced school harassment attorney who can file a legal claim against your school to obtain the remedies you deserve.

Discuss your situation with a compassionate Title IX sexual assault lawyer today

If you have been the victim of unlawful sexual assault or harassment in an educational program, you may be fearful of retaliation and may not know where to turn. Fortunately, you have rights under the law and a Title IX attorney can inform you of your options and guide you through the legal process.  The highly experienced Title IX and Conduct Code lawyers at Duffy Law are passionate about student rights against sexual assault and harassment and will skillfully assist in any action you bring.  Call our school harassment attorney today for a confidential consultation at 203-946-2000.


Client Testimonial

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Review: 5/5
★ ★ ★ ★ ★

I selected the firm after doing extensive research trying to locate an attorney that specializes in sexual assault cases on university campuses. Late one night I emailed her just to see what she had to say. By 6:30am the next morning she had already emailed me back leaving her information for me to call her. I was impressed by her promptness and early morning response. Our criminal attorney informed our family that this simply wasn’t his specialty and strongly recommended we hire someone who really understood how university disciplinary systems work.

In our culture, we are not often trusting and it took a huge step of faith to consider someone we didn’t know (much less one from out of state) to defend our son.

Based on her collegiate athletic background I felt that she would have a better understanding of our case as our son is a D1 athlete. Based on that and her professional accomplishments I felt like she was driven and determined and she clearly had the ability to understand the laws associated with Title IX.

Bottom line is that our son was found 100% not responsible (meaning not guilty) of the extremely serious charges that were brought against him by a female student.

Felice Duffy and her team were professional, focused, responsive and did a great job throughout the entire stressful ordeal. When we think about how badly and unfairly our son might have been treated by the school, we truly count our blessings that we found Ms. Duffy.

-Parent of a College Sophomore, Ohio

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