Title IX of the Education Amendments of
1972 remains a civil rights law enacted by the federal government, banning
sex-based discrimination, in all educational activities and programs, receiving
federal funding.
Sex discrimination
includes sexual battery, sexual harassment, and rape that are “so severe,
pervasive, and objectively offensive that it effectively bars the victim’s
access to an educational opportunity or benefit,” as mentioned in the Title IX
document. Even a single incident of sexual assault or rape by another student,
staff member, faculty, will meet this standard according to Fort Lauderdale, FL
sexual harassment lawyers.
A
Title IX Complaint
A Title IX complaint remains a document,
detailing the ways by which a college has violated Title IX. Such a complaint
can include both single and multiple cases. Complaints can contain appendices
along with supporting documents such as hearing board documents, student
newspaper articles, photographic evidence of retaliation, and e-mails.
Every complainant is essentially a
staff, faculty member or a student who has suffered sexual battery, sexual
assault, rape, or sexual harassment, or confronted retaliation for speaking
against issues on sexual assault. Complainants can remain anonymous or named
while you can e-mail, mail, FAX, or file Title IX complaints. If your complaint is extensive and
cannot be sent as a single attachment, you can send the complaint as well as
appendices as two separate documents.
Title IX was ground breaking but decades
later when they made it apply to college sports and cut out many scholarships
for young men who had been playing that sport for years and gave a scholarship
to a young woman who never played that sport (such as crew at ASU) and did not
earn it, that was sad and irrational.
What
happens after the Filing of a Title IX Complaint?
The time taken for drafting a Title IX
complaint can vary widely as it depends on the number of persons, in the
complaint and the number of persons who are engaged in drafting the complaint.
If it takes one person to draft a complaint with one complainant, it will take
anywhere between 4 to 6 hours to complete the drafting.
The DOE or Department of Education will
acknowledge receipt of a complaint within two weeks of filing, by email or a
letter by mail. You may be contacted by attorneys from the DOE or Office for
Civil Rights (OCR), seeking clarification of the information provided in your
complaint.
The officials may initiate an
investigation. This means contacting your school to ask for documents as well
as speaking to the administrators, as listed in your complaint. There is a six
month statute of limitations for all Title IX complaints and any Florida sexual
harassment attorney will let you know of the same.
No
Guarantees
While there is no fixed timeline to
process Title IX complaints, the OCR usually approves or rejects a case within
four months or receiving a complaint. Once an investigation begins, it could
several months or years to reach a logical conclusion. The investigation
process involves the gathering of evidence by OCR legal representatives, campus
visits to interview complainants, staff and witnesses, if any.
The OCR usually does not reveal any
names in the complaint to the public. Fort Lauderdale sexual harassment lawyers
recommend that any victim file his/her complaint anonymously if they are
concerned about privacy although lead complainants are named in order to be
able to discuss the case. If this affects your professional credibility or your
occupational status you want to go to this site to find out more information.
It is: http://employment-law.usattorneys.com/florida/.
You should be able to make a complaint and not have to worry about your
employment. If you are doing your job and a hard worker you should be able to
work on.
Sexual harassment legal professionals
also reiterate that the OCR is regularly updated if there is any further
harassment or retaliation after a victim files a complaint.
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