Title IX in North Carolina

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Title IX of the Education Amendments of 1972 is a federal law, but it is applied differently on campuses around the country and interpreted differently in local courts. When you are dealing with a Title IX issue in North Carolina, it is important to understand the factors that make cases unique in this state.

With some of the most prestigious colleges and universities in the nation, North Carolina draws students from all over the country to attend schools such as the “Public Ivy” University of North Carolina at Chapel Hill and private powerhouses such as Duke University, Davidson College, and Wake Forest University. The state has one of the highest populations of college students in the U.S.

The team at Nesenoff & Miltenberg, LLP is familiar with the nuances of Title IX interpretation in North Carolina, have successfully litigated in North Carolina state court, and we are dedicated to protecting the rights of students, faculty, and staff. Whether you have been accused of a Title IX violation or want to seek justice after an individual or institution has violated your Title IX rights, we are prepared to safeguard your interests and fight for the relief you deserve.

Your Rights Matter

Colleges and universities have an obligation to uphold the requirements of Title IX or they risk losing their federal funding, including student loan money. This often causes institutions to focus on self-preservation rather than protecting the students, faculty, and staff who are the heart of the school. It is important to remember that no matter what happens, you have rights under Title IX and your side of the story needs to be heard.

This can be difficult with the limited resources made available for educational institutions. For instance, while a school might provide an advisor to assist with pursuing or defending against a complaint, that advisor is very likely a school employee with loyalty to the institution. This advisor may also have very little training on Title IX issues and virtually no idea how to successfully pursue or defend a Title IX complaint.

A Title IX incident on campus can impact the rest of your life, so it is important to take the incident seriously right from the start. Working with an experienced Title IX advocate from Nesenoff & Miltenberg is one of the best ways to protect your rights and future opportunities.

Understanding Title IX

Title IX prohibits schools that receive public funding from discriminating on the basis of sex. Over the years, the issue of discrimination covered by the Title IX regulatory scheme has expanded from providing equal opportunities in education and sports to protecting students, faculty, and staff from harassment and sexual misconduct. Many Title IX complaints involve incidents where a student alleges that they have been sexually assaulted.

Schools are required to put measures into place to investigate complaints and hold proceedings to determine whether someone accused should be found responsible for a violation. Title IX regulations require the process to be completed quickly, which can make it challenging for either complainant or respondent to prepare. A student who is unfamiliar with Title IX proceedings can often feel confused, and the whole process can be “over” before they have a chance to understand what has happened.

Our team can provide advice and assistance from the very beginning so that those defending against or filing complaints have the opportunity to make their best case on campus and pursue an appeal if necessary.

Consequences of a Title IX Proceeding

Students and parents are often surprised at the long-term effects of a Title IX proceeding. A finding of responsibility can cause a student to be expelled or face other penalties such as:

• Disciplinary probation
• Suspension
• Loss of scholarships
• Loss of housing
• Restrictions on participation in activities, classes, and recreation on campus
• Withholding or revocation of a degree

In addition, the stigma attached to a Title IX case can haunt a respondent for decades to come, interfering with further education, job prospects, and even social opportunities. When a finding of responsibility affects a staff or faculty member, their academic career can be completely at an end.

On the other side of the coin, a student who has suffered sexual assault or harassment but not been taken seriously by those in charge of Title IX complaints at a college or university can suffer seriously in different ways. They may be haunted by the episode and unable to move forward with their lives, and when they are denied justice, they never gain the closure they need to heal.

Measures taken to defend against or pursue a complaint often come too late to undo the harm that has occurred. Working with an experienced Title IX attorney right from the start is the best way for students, faculty, and staff in North Carolina to protect themselves and their futures.

How North Carolina Colleges and Universities Apply Title IX

One factor that makes Title IX cases unique is that while the requirements are based on federal law, the law gives colleges and universities some flexibility to adopt procedures to implement Title IX requirements. So the way a case is investigated and adjudicated may be different at every North Carolina institution.

When our legal team addresses a Title IX case, we need to analyze the situation from two main angles. First, we need to determine whether the institution’s policies comply with current Title IX requirements. Those requirements change frequently, so this review requires an analysis of not only the federal rules but also the guidelines provided by the U.S. Department of Education and the judicial interpretations that affect the requirements.

In addition to ascertaining whether the school policies are in line with requirements, we also need to review the evidence to determine whether the institution properly followed its prescribed procedures when investigating and adjudicating the complaint.

Work with the Experienced Leader in Protecting Title IX Rights

At Nesenoff & Miltenberg, we are dedicated to promoting the ideals of Title IX equality. We realize that equality requires balance, and that means that both complainants and respondents require protection and zealous advocacy.

If you need to pursue a Title IX complaint in North Carolina or you have been accused of a violation on a North Carolina campus, contact our team today to schedule a confidential consultation to learn more about the ways we can safeguard your rights and your future.