Title IX in Ohio
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Title IX in Ohio
The excellent reputation of Ohio’s colleges and universities draws students to enroll from all over the country. When combined with the high percentage of students within the state who further their education at institutions such as Ohio State, Case Western Reserve, and the University of Cincinnati, that makes the student population in Ohio one of the largest in the United States.
Many of the colleges and universities are in Ohio’s urban areas, so the campus population intermingles more with cosmopolitan populations than in some states where major colleges are located in rural areas supported by small college towns. This often creates expanded opportunities for students and a unique dynamic for social life on and off campus.
It can also create challenges for Title IX cases. Title IX sometimes covers conduct that occurs off campus, but it is not always clear when Title IX provisions apply. The experienced team at Nesenoff & Miltenberg, LLP focuses on Title IX cases, so we understand the nuances of Title IX laws and the application of Title IX policies all over the country. Nesenoff & Miltenberg LLP has filed more Title IX lawsuits than any other Title IX law firm in the country, including in Ohio where we have helped numerous students protect their rights when Title IX issues threaten their future.
Understanding Title IX
Title IX of the Education Amendments of 1972 is a simple legal provision that has expanded significantly in reach and meaning over the past 50+ years. This provision prohibits educational institutions from taking actions that discriminate against students, faculty, or staff on the basis of sex. It applies to all colleges, universities, and other schools that receive federal funding.
While it might appear that private schools would be exempt from Title IX requirements, the fact is that any college or university that accepts federal student loan money is considered a recipient of federal funds and, therefore, is required to comply with Title IX.
Technically, Title IX requirements apply to the educational institutions themselves. However, the regulations and policies implemented over the years require schools to take actions to prevent and penalize discriminatory actions. Discrimination in this case includes sexual misconduct, such as sexual harassment or sexual assault. So schools have established disciplinary procedures to investigate instances of Title IX complaints, to adjudicate responsibility, and to penalize those found responsible for a violation.
How Nesenoff & Miltenberg, LLP Helps
The consequences of being found responsible for a Title IX violation can have lifelong effects on a student, staff member or faculty, so it is vital to take the right steps to protect rights and mount an effective defense. At the same time, a student who has suffered from assault, harassment, or another violation that needs to be addressed properly must also take the right steps to pursue a complaint effectively.
Nesenoff & Miltenberg, LLP protects the rights of students, faculty, and staff and works to ensure that colleges and universities live up to their obligations when handling Title IX investigations and adjudications. Often, educational institutions do not investigate complaints thoroughly and try to minimize problems, hoping they will go away. Or they react so vigorously when a complaint is filed that they violate the respondent’s rights. Our firm fights to protect the individual because colleges and universities are often willing to sacrifice individuals for a greater institutional goal. When the policies and practices of the institution violate Title IX rights in any way, we are ready to seek justice.
Sexual Misconduct Complaints
The definition of discrimination prohibited by Title IX was clarified to specify that it included sexual assault and other forms of sexual misconduct. Many Title IX complaints involve intimate partner violence and situations where one student alleges that sexual conduct between them was consensual while the other denies having given consent. These situations can be complex to investigate. In some cases, a criminal complaint may have been filed, particularly if some conduct occurred off campus.
Working with an experienced Title IX attorney is the best way for both complainants and respondents to ensure their rights will be respected and protected throughout the investigation process. Campus investigations proceed much more quickly than criminal investigations, and the procedures and rules are often entirely different. Due process protections are much more limited. Advice from an attorney familiar with campus proceedings can help you protect your rights and peace of mind and preserve options going forward.
Title IX Interpretations in Ohio
Although Title IX is a federal law supported by federal regulations and policies promulgated by the U.S. Department of Education, the law is applied differently at each educational institution in Ohio and interpreted uniquely by the Ohio courts. It is important to be aware of the interpretations within the state.
Colleges and universities are given a certain amount of flexibility under the regulations to create campus policies for investigating complaints, conducting proceedings for assessing an individual’s responsibility, and imposing penalties if there has been a finding of responsibility. An experienced attorney at Nesenoff & Miltenberg, LLP can assess whether the policies established by the school comply with Title IX requirements as interpreted by the courts or whether the institution should be challenged in court for failure to comply. Additionally, our team can determine whether the school correctly applied its policies or whether the application was flawed and violated the rights of a student, staff, or faculty member.
Work with the Team Dedicated to Title IX Rights
At Nesenoff & Miltenberg, LLP, we are dedicated to protecting individuals from discrimination and ensuring that if they are accused of a violation, they have the appropriate opportunity to protect their rights and future with a zealous defense. If you are facing allegations of a Title IX violation in Ohio or if you filed a complaint and were not taken seriously, our knowledgeable Title IX attorneys know how to work effectively to get the justice you deserve. When your future is at stake, it doesn’t make sense to take chances. Contact our team online or by calling 212-736-4500 to schedule a confidential consultation to learn more about the ways we can protect you in connection with a Title IX proceeding at any level.