Title IX in Pennsylvania

Title IX in Pennsylvania

With powerhouse public universities like Penn State and prestigious private institutions such as the University of Pennsylvania, Villanova University, Swarthmore College, and Carnegie Mellon University, Pennsylvania is the destination of choice for current and prospective college students from all over the country. In fact, the state has one of the highest populations of college and university students in the nation.

For this reason, the nationwide team of Title IX attorneys at Nesenoff & Miltenberg has helped numerous individuals protect their rights in campus proceedings and in court in Pennsylvania. Our firm won a landmark medical school case with a successful TRO and civil Title IX litigation.We understand the Title IX policies and procedures established by colleges and universities in the state and the ways that Pennsylvania courts have interpreted Title IX obligations and the rights of students, faculty, and staff in Title IX cases. If you’re facing an accusation of a Title IX violation in Pennsylvania or you need assistance pursuing a claim for justice through Title IX proceedings anywhere throughout the state, our experienced legal team is ready to assist.

Understanding Title IX

The legal scheme commonly referred to as Title IX is based on Title IX of the Education Amendments of 1972. This simple statutory provision prohibits schools from discriminating on the basis of sex in their programs, and schools that fail to comply risk losing federal funding. Because even private colleges and universities rely on funds from federal student loans as part of their operating budgets, Title IX requirements must be adhered to closely by virtually every college and university in Pennsylvania.

In the first few decades after the law and accompanying regulations went into effect, much of the focus on Title IX centered on schools’ obligations to provide equal opportunities for female students, particularly with regard to athletics. As time went on, the scope of Title IX protections was expanded by judicial interpretations and regulations promulgated by the U.S. Department of Education. Discrimination was defined to include harassment on the basis of sex as well as sexual misconduct. Instead of filing complaints and lawsuits against institutions, complainants began filing complaints against individual students, faculty, and staff members who they believed violated their Title IX rights. Many complaints centered on allegations of sexual assault.

Title IX Proceedings on Campus

Title IX complaints are brought on campus, and the issues are investigated and adjudicated on campus based on procedures established by the individual school. While procedures vary from one institution to another, they must comply with Title IX guidelines promulgated in the regulations, guidance issued by the Department of Education, and opinions issued by the courts. The Title IX rules have been adjusted frequently in recent years, making it difficult for schools to understand and comply with requirements and leaving potential complainants and respondents uncertain what their rights were under the law and how to proceed.

To further complicate the issues regarding legal requirements for due process and other aspects of campus proceedings, courts have disagreed about the legality of certain rules, so the provisions that apply to schools in one state may not apply to those in another.

Many students and parents fail to pay adequate attention to Title IX proceedings because they fail to recognize the importance of the outcome and the speed with which proceedings must be completed under Title IX requirements. Unlike criminal investigations and legal proceedings, which can extend for years, a Title IX complaint may be investigated and adjudicated in a matter of weeks. Both those who are pursuing complaints and respondents who need to defend their actions need to be prepared and understand how to protect their interests effectively or they will lose the opportunity very quickly.

Consequences of a Title IX Case

A student cannot be sentenced to imprisonment in Pennsylvania on the basis of a Title IX campus proceeding, and that is one reason these proceedings often do not receive the attention they deserve. The consequences of being found responsible for a Title IX violation can have a negative impact that often haunts students for years or decades into the future.

Being expelled or suspended as the result of a Title IX disciplinary proceeding can prevent a student from completing their education at any institution, and it can interfere with job prospects and even social interactions. The damage to an individual’s reputation may be impossible to repair. At the very least, students found responsible lose scholarships, miss the ability to participate in favorite activities, and may be cut off from friends and colleagues on campus. To protect future opportunities, it makes sense to invest in developing a robust defense strategy as soon as possible.

The consequences of a Title IX case that is not properly handled can also pose significant problems for complainants. They can be traumatized if their rights are not respected during the investigation and adjudication process, and if the investigator or decision maker fails to give proper consideration to allegations, complainants often suffer a loss of self-worth and mental anguish that can affect their ability to move forward. Students who have suffered a violation of their Title IX rights through sexual assault, harassment, or other forms of unlawful discrimination deserve to receive justice.

The experienced Title IX attorneys at Nesenoff & Miltenberg understand the importance of Title IX proceedings and know how to effectively advocate to protect the rights of both complainants and respondents in Pennsylvania.

Time is of the Essence in Title IX Cases

Because investigations and the adjudication process can move so quickly after a Title IX complaint is filed, it is important to develop a strategy to achieve your objectives as soon as possible. At Nesenoff & Miltenberg, our legal team understands how to protect your rights in all stages of campus proceedings, and we are prepared to enforce your rights in the courts of Pennsylvania if necessary.

If you are considering filing a Title IX complaint or a complaint has been filed against you, our knowledgeable attorneys can provide guidance based on years of experience to help assert your rights and safeguard your future. We invite you to contact us online or call us at 212-736-4500 now to schedule a confidential consultation.

We are excited to announce distinguished Title IX attorney Felice Duffy has joined the national Title IX powerhouse law firm of Nesenoff & Miltenberg LLP.