Title IX in Georgia

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Some states seem to have an edge over others when it comes to highly-respected public university systems and prestigious private colleges. Georgia has both. The University of Georgia and Georgia Tech draw competitive students from all over the nation. Ambitious students looking for a private school flock to Emory University in Atlanta, Mercer University in Macon, and Augusta University in Augusta. These and other quality academic institutions give Georgia one of the largest populations of college students in the U.S.

With many campuses located in Atlanta and other urban areas, the student population in Georgia is in close contact with non-student residents, and campus life spills over into city life on a regular basis. This can make Title IX cases more challenging in Georgia than in other states, particularly where an alleged Title IX offense can also be charged as a criminal offense.

The team at Nesenoff & Miltenberg, LLP are leaders in protecting the Title IX rights of students, faculty, and staff in Georgia and throughout the country. Georgia courts take a unique approach to Title IX cases, and we know how to make the most of the available opportunities to protect the rights and reputation of those accused of wrongdoing under Title IX as well as campus codes of conduct.

Important Facts About Title IX

The legal scheme referred to in general terms as “Title IX” is actually a complex array of federal regulations and administrative guidelines issued by the U.S. Department of Education. This scheme is based on a deceptively simple federal statute, Title IX of the Education Amendments of 1972 which was enacted to equalize opportunities for female students and staff in the educational realm. The laws prohibit any schools that receive federal funding from discriminating against students on the basis of sex. Since virtually all colleges and universities accept federal student loans and courts have considered those to be a source of federal funding, the provisions of Title IX apply to almost every institute of higher learning in the country.

In the decades after Title IX was adopted, women’s participation in sports and other activities increased significantly. Then the focus of the regulations began to magnify. The discrimination prohibited under Title IX was expanded to include sexual assault and harassment that creates a “hostile environment” on campus. Many students suddenly found themselves accused of sexual misconduct and having to defend themselves in campus disciplinary proceedings where their opportunities for defense were extremely limited. On the opposite end of the spectrum, other students had their complaints of Title IX violations swept under the rug and essentially ignored. In either situation, students often needed to turn to experienced attorneys to protect their rights on campus and in court, and the team at Nesenoff & Miltenberg, LLP has been there ready to assist.

Complaints of Sexual Assault

Students and employees on college campuses can file a Title IX complaint against the institution for violations such as discrimination in employment or athletic opportunities. However, many of the complaints filed involve allegations of sexual assault or other forms of sexual misconduct. In some cases, the allegations are also investigated as a criminal offense under Georgia law.

Title IX rules require colleges and universities to investigate and adjudicate Title IX complaints promptly. This means that campus representatives may start conducting investigations right away and both complainants and respondents can be caught unprepared and uncertain how to conduct themselves. For instance, they may try to contact others involved in the investigation to “explain” matters or post statements on social media. This type of conduct can interfere with the case and lead to an unfair outcome for one or both parties.

When students work with an experienced Title IX attorney at Nesenoff & Miltenberg, LLP while pursuing or defending a complaint, we can provide advice to prevent costly mistakes. We can also conduct independent investigations and ensure that the student’s due process rights are upheld. If a school’s procedures are not in line with Title IX requirements or the school fails to follow the procedures as they should, we effectively appeal mishandled decisions on campus and in court.

Campus Disciplinary Proceedings in Georgia

Every school is required to establish procedures to investigate and adjudicate Title IX complaints in a way that complies with current regulations and federal guidelines. However, the rules and guidelines have shifted frequently in recent years, and courts in some jurisdictions have refused to enforce new regulations on the grounds that they exceed the Administration’s authority. In Georgia, the Superintendent of the Department of Education announced that federal policies were overreaching and the Attorney General filed suit against the new rules because of their expansion of “sex” to include gender identity and sexual orientation.

The bottom line is that when dealing with campus proceedings in Georgia, it is important to understand how the laws are interpreted by local federal courts. At Nesenoff & Miltenberg, LLP, we focus on Title IX interpretation in a way that few firms can match.

Campus proceedings are handled very differently than matters in civil or criminal court, so it is essential for students and employees to work with an attorney who understands how to provide the most beneficial advice and representation on campus as well as in court.

Schedule a Confidential Consultation with Nesenoff & Miltenberg, LLP to Find Out How We Can Protect Your Title IX Rights

Title IX proceedings impact the lives of complainants and respondents in ways they never thought possible. Students face the loss of self-esteem and reputation that haunt them for years to come and change the course of their lives. Whether you are pursuing a complaint or defending against allegations, you will be judged by what happens on campus, and it makes sense to work with a legal advisor who can help minimize negative consequences and protect your future.

There are at least two sides to every story and we work to ensure that your side is given fair consideration and the outcome is in line with the circumstances. To schedule a confidential consultation to discuss the situation you are dealing with and learn about the assistance our experienced team can provide, just call us at 212-736-4500 or contact us online to get started.