Title IX in Michigan
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Title IX in Michigan
The state of Michigan boasts some of the largest and most respected universities in the United States. At the same time, the state also offers institutions with intimate liberal arts environments, such as Albion College, Kalamazoo College, and Hope College, as well as tech-oriented universities like Michigan Technical University that offer a diverse array of programs on a moderate-sized campus in a small town atmosphere.
College life on Michigan campuses is unique for a number of reasons. At the powerhouse research institution, the University of Michigan, nearly half of the undergraduate population consists of students attracted from out of state. Michigan State University, founded as the first agricultural college in the U.S., has programs spread out over a campus of over 5,000 acres. Meanwhile, Wayne State University educates tens of thousands of students from a campus in downtown Detroit. The diversity among campuses creates an array of challenges when it comes to handling Title IX cases in Michigan. Although Title IX is a federal law, cases are investigated and adjudicated in a unique style that differs from school to school.
If you need to file a complaint regarding a Title IX violation or you are accused of violating Title IX in Michigan, it is important to seek legal advice from Title IX discrimination lawyers experienced in handling cases in the state. At Nesenoff & Miltenberg, our team understands how the colleges and courts in Michigan apply Title IX principles, and we use that knowledge to help our clients achieve positive outcomes in situations where reputation and future opportunities are in serious jeopardy.
Understanding Title IX
Title IX is a federal statute enacted in 1972 that prohibits schools receiving federal funding from discriminating against anyone on the basis of sex. At the time of enactment, opportunities for women on college campuses and athletic opportunities for females at all levels of the educational system were severely limited compared to the opportunities available for male students.
Over the years, regulations and administrative rules adopted to support Title IX have expanded the scope of the protections, and courts have ruled that students have the right to file complaints against individuals or institutions they believe have violated their rights. Individuals who feel that a school has mishandled their complaint or failed to afford them due process rights in a campus proceeding have the right to file a lawsuit to seek compensation and other forms of relief.
The earliest actions often centered on opportunities in athletics, and athletes are still filing claims to obtain equality in scholarships and other sports program benefits. However, more Title IX complaints now involve allegations of sexual assault, sexual harassment, or other forms of sexual misconduct.
The Challenges of Title IX Proceedings on Michigan Campuses
Far too often, students who learn that they have been accused of a Title IX violation fail to seek legal advice until it is too late. Some of them believe that being accused of an offense in campus proceedings is nothing to worry about since the school does not have the authority to declare them guilty of a crime and sentence them to imprisonment. However, what they fail to realize is that the consequences of being found responsible for a violation in a campus proceeding can cause lasting damage to their lives and reputations.
Moreover, campus investigations move much more quickly than criminal investigations, so if complainants and respondents do not work efficiently to develop a strategy, gather evidence, and make preparations, they soon find that the proceeding has concluded before they’ve had the chance to fully present their side of the story.
Students found responsible for a Title IX violation can be expelled or suspended from school. They also risk losing scholarships and opportunities, such as the ability to participate in sports or other extracurricular programs. The negative mark on their record and damage to their reputation can make it difficult or impossible to finish their education and can interfere with career opportunities for years.
Complainants also face negative consequences if their case is not handled properly on campus. Their complaint may not be taken seriously, or they can be traumatized if the school does not respect their rights during investigation and adjudication. Without legal guidance and advocacy, complainants have suffered losses that make it impossible for them to continue their education, and that can affect them far into the future.
At the end of the day, it’s critical to take Title IX proceedings very seriously and to give the Title IX process the intensive consideration and attention it deserves. The experienced team at Nesenoff & Miltenberg is dedicated to protecting students, faculty, and staff facing Title IX issues in Michigan.
Title IX Cases Involving Sexual Misconduct
The most serious Title IX complaints involve allegations of sexual assault and other forms of sexual misconduct. In many cases, one or both individuals involved had their judgment impaired by alcohol, which complicates the issue of consent. Intoxication is not necessarily enough to prevent an individual from legally consenting to sexual activity, but if impairment reaches a certain level, then an individual becomes incapable of giving legal consent.
In these and other delicate Title IX situations, evidence is crucial. Our team can help gather and preserve evidence that can be used in campus proceedings and later in court if necessary. Title IX rules on campus adjudications have changed and are likely to change again, but our team always remains aware of the latest regulatory, administrative, and judicial developments so we can enable our clients to take full advantage of the best opportunities to obtain justice.
Take Title IX Seriously in Michigan by Trusting Your Case to Nesenoff & Miltenberg
Few firms in the country can match our experience, knowledge, and dedication when it comes to protecting clients in a Title IX case on or off campus. We have a thorough understanding of the application of Title IX under the interpretation of Michigan courts and campus rules throughout the state.
Contact Nesenoff & Miltenberg today to schedule a confidential consultation and learn more about the assistance we can provide with your Title IX issue in Michigan. You can reach us at 212-736-4500 or online via our website.