How Do You File a Title IX Lawsuit?
Only those who have directly experienced Title IX violations may sue their educational institution for Title IX violations. The only exception is if the claimant is a minor; in this case their parents may act on their behalf. Educational institutions are not required to provide you with legal representation. Therefore, you should consider consulting with an attorney who deals with discrimination and Title IX lawsuits.
There is no legal requirement that you file a grievance with your educational institution or the government before bringing a lawsuit. However, if you have already filed a complaint with the government, you must wait for that investigation to be finalized before bringing a lawsuit; a premature lawsuit will halt any investigation by the government. Once the government finalizes its Title IX investigation, you may then bring a lawsuit regardless of the investigation’s outcome.
Documentation is critical to Title IX lawsuits. Do your best to document any of your school’s Title IX violations, as well as any communications you may have regarding those violations, before meeting with an attorney.
Can I Get In Trouble for Reporting Title IX Violations?
Those who report Title IX violations are protected under the 2005 Supreme Court decision Jackson v. Birmingham Board of Education. If you suffer adverse action or retaliation after reporting a Title IX violation, consult with an attorney.
What Happens to a School if It Violates Title IX?
Schools that violate Title IX risk losing federal funding. Moreover, when the court finds a school responsible for a Title IX violation, the court may order the school to pay monetary damages, including court costs and attorneys fees, and/or to take or refrain from taking certain actions to remedy the conduct that led to the violation. The court may also order the school to provide it with a plan of compliance that outlines the steps the school plans to take to rectify its Title IX violations. The court will then monitor the school to ensure that it follows through with its compliance plan.
New Jersey Title IX Attorneys
Employment attorneys Richard Schall and Patricia Barasch advocate for those who face sex discrimination at work, including for those who work for educational institutions. If you believe your educational institution has discriminated against you on the basis of sex, fill out their online form to request a consultation.