What Should I Do If My School Retaliated Against Me For a Title IX Complaint
Submitting a Title IX complaint or being involved in a Title IX investigation at a higher education institution can be a complex and challenging process for various reasons. No matter if you’ve accused a student or a university staff member of sexual harassment, sexual assault, or any other type of misconduct, or if you were involved in the investigation of a Title IX complaint, it’s important to understand that you are protected from retaliation. If you’ve experienced retaliation as a result of a Title IX complaint, it’s crucial to learn how you can pursue a claim for retaliation. The Title IX attorneys at Duffy Law are available to give you additional information.
Understand That Title IX Protects Against Retaliation
If you believe you have faced retaliation, the first thing to do is to understand that Title IX prohibits retaliation. Title IX of the Education Amendments of 1972 makes clear that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” While the language of Title IX does not refer specifically to retaliation or its prohibition, the U.S. Department of Education (DOE), retaliation is a form of prohibited discrimination under Title IX.
The DOE expressly states that “retaliatory acts, which may include giving students failing grades, preventing students from participating in school activities, and threatening expulsion against any individual who exercises his or her rights under Title IX, are considered to be discrimination and are unlawful.”
Although that language refers specifically to forms of retaliation a student might face from an institution after making a Title IX complaint, it is important to understand that university employees who make a Title IX complaint can also face retaliation. Further, multiple parties at a college or university can engage in retaliation, such as a supervisor, a dean, or a department chair, for example. Retaliation may also be unlawful when it comes from someone other than the institution itself, such as another employee or another student.
Filing a Retaliation Claim
Next, you should learn about how retaliation can take many different forms, and you should determine if the treatment you have experienced constitutes retaliation. Retaliation occurs when a person exercises their rights under Title IX, and another party engaged in adverse action against that person because of the Title IX case. If you have faced retaliation, you may be able to file a claim. Examples of retaliation affecting students and university employees alike can include, for example:
- Student receiving a lower grade than deserved
- Student being benched in an athletic game or being kicked off a team
- Faculty member being denied tenure or a promotion
- Faculty member or other university employee being terminated or demoted
An experienced Title IX lawyer can assess your case and can provide you with more information about filing a claim against the college or university for retaliation. While retaliation claims can be complicated, it is important to take steps to protect your rights and to hold the institution accountable.
