Title IX in Indiana

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The federal regulatory scheme for enforcing Title IX creates both challenges and opportunities for students, faculty, and staff on campuses in Indiana. While the law provides rights to ensure equal access to educational services, it creates legal processes for accusing others on campus in ways that can be difficult to understand and defend. Title IX matters can start with campus investigations and later end up in court with consequences that can have long-term effects for everyone involved.

If you have been accused of a Title IX violation or need to take action to assert your rights under Title IX, guidance from the experienced Title IX discrimination lawyers at Nesenoff & Miltenberg can make all the difference in the outcome of your case. We have focused on Title IX issues in Indiana for decades, and we understand how to achieve our clients’ objectives both on campus and in court.

Universities in Indiana Draw Students from All Over the United States

The prestige and reputation of universities such as Purdue, Notre Dame, and the Indiana University campuses bring students to Indiana from all across the nation and overseas. This can create some unique dynamics on campus that often complicate the process of filing, investigating, and adjudicating a Title IX complaint.

Schools that are so frequently in the national spotlight can sometimes take an approach to Title IX matters that favors complainants to “prove” that they are sensitive to discrimination and harassment. On the other hand, sometimes the pressure to live up to their reputation results in situations where universities in Indiana overlook violations and fail to investigate or adjudicate Title IX complaints properly. In either situation, the rights of students, faculty, and staff are at risk. Seeking advice and guidance from an experienced Title IX lawyer early in the process is often the only way to prevent a complainant or respondent from suffering significant mental and emotional trauma and the loss of educational and career opportunities.

Title IX lawsuits are handled in federal courts, and in Indiana, those courts are obligated to operate according to precedent set by the 7th Circuit Court of Appeals. That court has consistently rejected students’ requests to file lawsuits anonymously under a pseudonym such as “Jane Doe.” To protect the rights of claimants in cases involving sensitive Title IX issues, it is essential for students, faculty, and staff in Indiana to work with a firm such as Nessenoff & Miltenberg, which has extensive experience with Title IX litigation. 

Understanding Title IX in Indiana

Title IX prohibits any schools that receive federal funding from discriminating against individuals on the basis of sex. Since all universities in Indiana accept federal student loans, they are considered recipients of federal funding and, therefore, are subject to Title IX requirements.

Schools are obligated to establish policies and procedures that prohibit certain types of conduct and that provide a means for handling complaints when someone believes their rights under Title IX have been violated. In recent years, the Title IX requirements have fluctuated, obliging schools to continually adjust their rules in procedures. Courts have also intervened in the process. For instance, Indiana was part of a lawsuit filed in the Eastern District of Kentucky, which resulted in an injunction against enforcement of the 2024 Final Rule released by the Biden administration.

To understand your rights under Title IX, you need to be aware of the federal regulations currently in effect, applicable policy guidance released by the U.S. Department of Education, and the interpretations of Indiana lawmakers, as well as the ways in which these requirements have been interpreted by courts with jurisdiction over Indiana. In addition, it is necessary to examine the policies established by a particular university to determine what rights are available and whether the policies comply with the current interpretation of the Title IX requirements. 

It is a complex subject. In order for an advisor to be able to enable complainants and respondents to take advantage of all the best opportunities to assert their rights, that advisor needs an intense commitment to the study of Title IX policy. A campus advisor without extensive legal experience or an attorney without extensive experience in campus adjudications will probably not be prepared to provide the right guidance, so it is a good idea to consult a knowledgeable Title IX attorney for advice as soon as a problem arises.

Title IX Issues on Campus

The types of discrimination prohibited by Title IX can take many different forms. A violation might involve a student or faculty member not being offered the same academic or career opportunities as those of the opposite sex. Or it might involve a situation where athletes are denied equal facilities or coaches suggest that they should receive sexual favors if a student wants to advance. If someone says or does something repeatedly that creates a hostile environment on the basis of sex, that could lead to a complaint of sexual harassment in violation of Title IX.

However, many Title IX complaints on university campuses in Indiana involve allegations of sexual misconduct. This could include:

• Sexual assault/rape
• Domestic violence
• Dating violence
• Stalking

Accusations of this type are extremely serious, and they can lead to criminal actions as well. But campus investigations and disciplinary proceedings move at a much faster pace than criminal cases, so it is important to act quickly to gather and be ready to present evidence if you are filing a complaint or responding to accusations of a violation.

Although schools do not have the authority to impose criminal penalties such as imprisonment, the consequences of a finding of responsibility in a Title IX proceeding can negatively impact your life far into the future. The loss of reputation and penalties on your record can prevent you from finishing your education and put a halt to your career plans very quickly. It can be nearly impossible to erase the stigma that can be attached to a Title IX case that is not properly defended.

If you are pursuing a Title IX complaint and don’t have the proper guidance, your rights can be ignored, and you may be subjected to trauma that haunts you for years.

Nesenoff & Miltenberg Knows How to Protect Your Title IX Rights in Indiana

Whether you are facing allegations of wrongdoing or need to hold an individual or school accountable for sexual harassment, discrimination, or assault, advice and representation from the knowledgeable Title IX discrimination lawyers at Nesenoff & Miltenberg can make both the process and the outcome less stressful and more advantageous. We know how to protect your rights and achieve your goals on campus and in courts throughout Indiana. If you have questions or need assistance with a Title IX issue in Indiana, we invite you to schedule a confidential consultation as soon as possible.