What You Need to Know About Defamation Lawsuits Based on Title IX Accusations
| | Title IX
Title IX cases dredge up tremendous amounts of negative emotions. There’s a lot of anger, a sense of betrayal, fear, frustration, and an overwhelming need for justice. Regardless of the outcome of the case on campus, one or possibly both parties involved will feel that they have been badly treated and that the consequences are not fair.
With ugly accusations flying and reputations damaged, it is only natural to wonder whether it’s possible to file a claim for defamation based on the accusations and statements made in connection with the Title IX proceedings. If you are considering filing a defamation lawsuit or you’ve been named as a defendant in a defamation claim, there are some important issues to understand. An attorney experienced in pursuing and defending Title IX cases in court can explain how these issues affect your situation. While it’s not possible to provide that level of specific advice in a blog, here we explain some of the broader issues involved in defamation claims based on Title IX proceedings.
State Law Governs Defamation Claims
Title IX cases generally involve issues of federal statutes and regulations along with guidance from administrative agencies. These cases also involve policies and procedures established by individual colleges and universities. Federal law has universal application in all 50 states, although federal courts in various jurisdictions sometimes interpret the legal requirements differently. When protecting the rights of students, faculty, and staff in Title IX proceedings, attorneys need to understand the local application of federal law and the content and application of the institution’s rules.
Defamation proceedings based on Title IX cases introduce a distinct set of laws into the mix. A defamation claim is a tort lawsuit seeking damages in civil court based on the requirements of state tort law. Those laws can differ substantially from state to state. So, to understand how the process of a defamation claim would work, the first step is to consider the laws of the jurisdiction where the claim is being or will be adjudicated. Generally, that would be the state where the Title IX proceedings were held on campus, but a court could potentially allow a claim in a different state.
Filing a Defamation Lawsuit and Winning a Defamation Lawsuit are Two Different Matters
The question of whether you can file a defamation lawsuit is substantially different from the question of whether you can win a defamation lawsuit. If you want to seek justice and clear your name by filing a defamation lawsuit, it is important to review the issues with your attorney so you understand what you need to prove to succeed with the claim and the ramifications based on the outcomes.
People file what are known as “frivolous” lawsuits all the time. This means that they don’t have legal grounds to win the case. But being forced to defend a frivolous lawsuit can cause significant problems for a defendant. For that reason, some people will file defamation lawsuits just to make a point or cause trouble and get revenge.
That means you may need to be prepared for the possibility of defending a defamation claim if you’re involved in a Title IX case. You can help protect yourself by avoiding talking about the case with anyone other than your attorney and those involved with investigating and adjudicating the case. Following the guidance of an experienced attorney can prevent unnecessary exposure to liability.
Understanding Defamation
State laws may define the tort of defamation in their statutes or through common law, which refers to standards established by the courts. As a practical matter, the law is more likely to describe slander and libel rather than defamation. Slander refers to defamatory statements spread verbally, including through video, and libel refers to defamatory statements made in writing, such as in a blog post.
In broad terms, a defamatory statement is one that is not true and that damages a person’s reputation. However, there are times when someone is allowed to make a false and potentially damaging statement about another person without being at risk of liability for defamation. That’s because there are times when the interest in determining the truth is more important than potential harm to someone’s reputation.
For instance, defamation laws generally protect statements that are made in official proceedings. So, a statement made as a witness during a Title IX hearing on campus would be protected, and the person making the statement could not be sued for defamation for what they said, even if it was false. The protections are created to enable people who feel they have been victimized to be able to file a complaint without fear of being sued. Title IX regulations prohibit retaliatory actions for the same reason.
To succeed in holding someone liable for defamation, you need to satisfy the elements established in the law of the state at issue and overcome the defenses allowed in that jurisdiction. Using New York as an example, a defamation case generally requires the plaintiff (the person filing the lawsuit) to prove that:
- The person who made the statement knew or should have known that the statement was untrue or defamatory
- The false statement clearly identified the plaintiff
- The person who made the statement spread the information to at least one other party besides the plaintiff
- The false statement damaged the plaintiff’s character in some way.
Some states, such as California, add the requirement that a statement must be made with negligence or malice. States also often require that the person suing for defamation prove that they have suffered actual damage unless a false statement is obviously harmful and could be considered “slander per se” or “libel on its face.” A false accusation of a crime would be considered an example, so it is conceivable that allegations involving sexual assault made in connection with Title IX proceedings could be considered actionable defamation.
However, statements made during official proceedings or possibly a statement made to a news outlet would not provide grounds for a lawsuit. It would be words presented outside of those contexts, such as statements on social media, that could potentially provide grounds for a defamation case.
The Importance of Following the Advice of an Experienced Attorney
Regardless of what happened to lead up to a Title IX proceeding or what the outcome turns out to be, the case can have a detrimental effect on both the complainant and respondent. To minimize the potential damage to reputation and negative consequences that stretch far into the future, it is wise to start working with a knowledgeable Title IX attorney as soon as possible.
At Nesenoff & Miltenberg, we have decades of experience protecting the rights and opportunities of students, faculty, and staff, and we know how to succeed in proceedings on campus as well as those in court. If you have been accused of a Title IX violation or are considering filing a Title IX complaint anywhere in the U.S., we invite you to schedule a confidential consultation to learn more about the ways we can advance your interests while safeguarding your rights.