Title IX in Illinois

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Statistics for the most recent school year show that with a student population of close to 700,000 students, the state of Illinois ranks fifth in the nation in terms of college student population. The vast majority of these students are undergraduates who attend college full-time, most living on or near campus. Not surprisingly, the high concentration of students generally results in a higher concentration of complaints of Title IX violations on campuses throughout the state.

According to the Illinois Board of Higher Education, enrollment in public universities is rising at the undergraduate level. The need to take the right steps to protect the Title IX rights of students, faculty, and staff on Illinois campuses remains as pressing as ever.

The team at Nesenoff & Miltenberg, LLP fights to uphold the ideals of Title IX at colleges and universities in Illinois. In campus disciplinary proceedings and in Illinois courts, we understand how to effectively defend the rights of respondents accused of violations and how to pursue relief for complainants who deserve to have their rights respected and see that justice is served.

Understanding Title IX

Title IX of the Education Amendments of 1972, along with the regulations and guidelines released in subsequent years, is a scheme of federal laws that prohibits educational institutions that receive federal funding from discriminating against students, faculty, staff, or program participants on the basis of multiple factors related to gender. As national legal provisions, they theoretically apply equally in every state in the country. 

However, courts in each jurisdiction often interpret provisions and requirements differently, sometimes leading to different results. Moreover, many Title IX provisions enable colleges and universities to establish their own rules for ensuring compliance with Title IX requirements and for handling complaints of Title IX violations. The result is that a Title IX lawyer must pay attention not only to guidance and interpretation from the U.S. Department of Education, the federal agency charged with enforcing Title IX, but also interpretations of federal courts in the jurisdiction and the rules as applied at each educational institution.

As a law firm focused on protecting the rights of students, faculty and staff, Nesenoff & Miltenberg, LLP understands Title IX cases like no one else. We understand the nuances in interpretation that often prove critical in demonstrating that a college or university failed to uphold Title IX obligations. We know how to provide effective assistance during campus proceedings, which differ substantially from cases in civil and criminal courts. But when campus proceedings prove inadequate to protect the rights of those bringing or defending against a complaint, we also know how to achieve successful resolution in the federal courts of Illinois.

Expansion of Title IX Protections

The original statutory provisions of Title IX are quite succinct. The statute states that ‘[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” While much of the focus on Title IX initially centered on providing equal opportunities for women to participate in educational and athletic activities on campus, the focus shifted over time as protections expanded. “Discrimination” was interpreted to include sexual harassment, misconduct, and assault. This enabled students and others who suffered some form of sexual abuse on campus to file claims under Title IX as an alternative to filing a lawsuit or pursuing criminal prosecution.

Today, the most serious Title IX complaints concern allegations of sexual misconduct on campus. Students accused of violations and their families often do not understand the serious nature of a complaint and the impact it can have on opportunities for years to come. At the same time, students bringing complaints often do not anticipate the impact the process can have on their emotional wellbeing. Working with experienced legal professionals who understand Title IX proceedings is the best way to protect students in the short and long term because there is so much at stake.

How Title IX Disciplinary Proceedings Differ from Court Actions

When an individual is accused of a crime and faces criminal prosecution, that individual is afforded many due process protections. Procedures are standardized. Evidence presented against them must prove guilt beyond a reasonable doubt. Investigations and the legal process take considerable time, giving the person accused time to build a case for their defense.

The same is not true in Title IX disciplinary proceedings. First, Title IX regulations require schools to conduct investigations and adjudications quickly, so those accused of violations have much less time to prepare. Each educational institution establishes their own policies and procedures to determine precisely what constitutes a violation and how cases are investigated and judged. While these procedures are required to comply with federal rules, often they do not. 

Due process protections are much weaker than they are in criminal cases. And the standard of proof is much lower as well. It is all too easy for a student, faculty, or staff member to find that they have been held responsible for a Title IX violation that taints their reputation and destroys future opportunities. An experienced Title IX attorney at Nesenoff & Miltenberg, LLP can help protect rights during proceedings and if proceedings are not conducted in accordance with the law, our team can pursue justice in the federal courts.

Nesenoff & Miltenberg, LLP Enforces Title IX Rights for Students, Faculty, and Staff at Colleges and Universities Throughout Illinois

Title IX provisions are not only interpreted differently by each court and on each campus, but they are also subject to frequent changes at the federal level due to shifts in political priorities. It can be challenging to keep up with pace, but at Nesenoff & Miltenberg, LLP, we focus our efforts on Title IX, so we understand the opportunities for justice in a way no one can match.

If you have been accused of a Title IX violation in Illinois or you need advice about pursuing a Title IX claim, we invite you to schedule a confidential consultation. Title IX claims must be addressed quickly, so it is wise to act as soon as possible. Let us protect your Title IX rights today. Call 212-736-4500 or contact us online to get started.