Title IX in Alabama

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Alabama may not be the most populous state in the U.S., but the state is home to some of the best-known colleges in our nation. With public powerhouse universities such as Auburn and the University of Alabama campuses in Birmingham and Huntsville, and the flagship campus in Tuscaloosa, the state attracts students from all over the nation as well as numerous countries abroad. While the large public universities and their perennially competitive football programs capture broad attention, many serious students are drawn to smaller, more specialized academic private institutions such as Samford University, Miles College, Tuskegee University, Huntingdon College, and Faulkner University.

Moreover, beyond the campuses going wild for the Crimson Tide and the Tigers, Alabama is home to a wide array of other public universities with outstanding programs including the University of South Alabama and the University of Mobile at the far southern tip of the state, University of North Alabama, Athens State, and Alabama A&M University at the opposite end of the state, Jacksonville State University, Alabama State and Troy University to the east, and the University of Montevallo and Herzing University in the central region.

Tradition and school spirit are hallmarks of many colleges and universities in Alabama, creating a unique campus culture that can pose challenges inTitle IX cases. Social interactions sometimes seem to flow according to the terms of an unwritten code—but that code can be interpreted differently by different students, leading to misunderstandings that can have traumatic consequences.

If you have been accused of violating Title IX in any way or if you believe your Title IX rights have been violated and you need to enforce your rights, it is important to be aware that you cannot expect staff on campus to be focused on protecting your interests, even if you’re told they are your “advisor.” Their primary duty is to the institution that hired them. To ensure your rights and future are protected, you need to work with experienced Title IX discrimination lawyers. At Nesenoff & Miltenberg, we have decades of experience protecting students in Alabama and all throughout the U.S.

Why Title IX Cases are Unique

Title IX complaints are filed on campus, but many times the complaints stem from accusations that could be treated as criminal offenses. One of the biggest challenges in Title IX proceedings is that, although they deal with very serious, life-changing allegations, they are investigated and adjudicated by campus authorities who often have little understanding of the legal concepts involved.

Moreover, the process moves at an extremely fast pace—much more quickly than criminal proceedings. Complainants and respondents often find that, before they have even had time to understand their rights and the issues in the case, the process is essentially complete, and they have not had time to present the facts that support their case.

Hiring an attorney is one way to ensure that a student’s rights are respected and that evidence to support the student’s position is located, preserved, and presented appropriately. However, since campus proceedings are conducted so differently than court proceedings, it is important to work with a lawyer who is experienced in campus adjudication as well as the nuances of Title IX interpretation in Alabama courts.

What Title IX Covers

The regulatory scheme governing Title IX of the Education Amendments of 1972 prohibits schools from discriminating on the basis of sex. This covers a wide range of issues on campus. The laws require schools to take steps to provide equal access to athletic programs and resources. While schools have made progress toward this goal, female athletes still often find that their facilities and scholarships lag far behind those of men’s programs, and the team at Nesenoff & Miltenberg helps students file complaints against the school to seek to recover what they have been denied.

Title IX also prohibits sexual harassment, which is considered discrimination under the Title IX scheme. Harassment that violates Title IX can occur in three ways:

• Someone can engage in unwelcome sexual behavior that is so severe, persistent, and offensive that it has the effect of denying others equal access to educational programs or activities. A complaint could be filed against a particular professor or staff member, or against the school for allowing the conduct in a broader context. Unwelcome offensive behavior might include jokes, insults, posting cartoons, grabbing body parts, or asking intrusive questions.
• A person in a position of power could offer a benefit in exchange for sexual favors. This might be a coach offering playing time, a professor offering to improve a grade, an administrator offering to overlook a debt or offense, or a student offering admission to an elite club. This type of action is known as quid pro quo harassment.
• The third type of harassment includes acts of sexual violence, including stalking, sexual assault, and intimate partner violence. This is one of the most common reasons that Title IX complaints are filed on campus. Many instances involve situations where one partner believes they are engaging in consensual sexual activity while the other partner believes they did not give consent and that therefore their rights were violated. The team at Nesenoff & Miltenberg has extensive experience defending students accused of violations and guiding students who need to file a complaint for relief.

Every campus in Alabama is supposed to have a designated Title IX coordinator who can receive complaints and is in charge of investigating them and determining whether the accused should be held responsible for a violation.

Campus Proceedings in Title IX Cases

Although Title IX is a federal law, it imposes obligations directly on schools, and then schools apply those rules to faculty, students, and staff. So, an accusation of a Title IX violation will involve a claim that school rules enforcing Title IX goals were violated. That means every case will be a little different, depending on the school’s code of conduct.

The team at Nesenoff & Miltenberg investigates to gather evidence indicating what happened in a particular situation. We analyze the evidence and the complaint to determine whether conduct actually violated the rules and whether the rules appropriately comply with the law. It is a complex process that must occur quickly, as federal law requires schools to adjudicate Title IX cases without delay.

Anyone facing an accusation or who wants to file a complaint should consider engaging a knowledgeable attorney as soon as possible. The outcome of a Title IX proceeding can have negative impacts that may never go away. Students are judged by the findings of a Title IX case, even when those findings are incorrect. If allegations of abusive conduct, lying, or other wrongful conduct are not soundly refuted, those allegations can haunt a complainant or respondent for the rest of their lives.

Nesenoff & Miltenberg Protects Students’ Reputations and Future Opportunities

Without legal guidance, it is easy to emerge from the Title IX process with credibility destroyed. It can be nearly impossible to restore it in an era where accusations spread rapidly and consistently resurface online.

The experienced Title IX discrimination lawyers at Nesenoff & Miltenberg are ready to provide advice and representation to protect you on campus and in court if necessary. For a confidential consultation to learn more about your options, call our team at 212-736-4500 or contact us online.