Title IX is a federal civil rights law that prohibits discrimination on the basis of sex at educational institutions receiving federal funds. But the law goes beyond institutional practices. It also forbids students, faculty and staff from engaging in harmful conduct based on gender, including harassment, assault and interpersonal violence. Alleged violations of Title IX trigger a disciplinary process that can visit severe sanctions on the person accused.

Title IX prohibits sexual harassment, which encompasses unwelcome advances, requests for sexual favors and other conduct ranging from inappropriate comments and jokes to unwanted touching and sexual assault. Any unwelcome conduct that creates a sexually charged or hostile environment is a potential violation.

Title IX also prohibits sexual assault, which includes any type of non-consensual sexual contact, from unwelcome touching to rape. Silence or lack of resistance doesn’t equate to consent. Additionally, Title IX extends protections to victims of domestic and dating violence, even when the violence doesn’t occur on school grounds, if it creates a hostile environment that impacts a student’s ability to participate in educational activities.

Stalking, another prohibited conduct, consists of repeated unwanted attention, threats, harassment or physical contact that would cause a reasonable person to experience fear or substantial emotional distress. Such behavior can range from obsessive phone calls and messages to unwanted physical proximity.

When a Title IX violation is alleged, the university’s Title IX coordinator conducts an inquiry process. This starts with the complaint intake, where the details of the alleged misconduct are related. Then follows an investigation, which involves interviewing witnesses, gathering evidence, and reviewing relevant documents. The accused party receives notification of the allegations and an opportunity to respond.

If the investigation reveals enough evidence, a hearing is convened, similar to a court proceeding. Both parties can present their cases, submit evidence and cross-examine witnesses. The hearing officer then determines whether a violation occurred, based on a preponderance of the evidence.

Potential consequences for a Title IX violation vary depending on the severity of the offense. They might include academic sanctions like suspension or expulsion, loss of financial aid or restrictions on housing, dining and participation in athletics and other activities. In some cases, criminal charges may also be pursued, depending on the nature of the violation.

If you find yourself accused of a Title IX violation, seeking legal counsel is essential to protect your rights. An experienced Title IX defense attorney can make sure the university follows proper procedures and conducts a fair investigation and hearing, while gathering and presenting evidence in your behalf.

Tylden Shaeffer, Attorney at Law, P.C. in San Antonio advises and defends people accused of Title IX misconduct at educational institutions throughout Texas. To schedule your free and confidential consultation, call (210) 227-1500 or contact me online.