Milwaukee General Title Vi And Title Ix Attorney

Title IX of the Education Amendments provides that no one in the U.S. be excluded from participation, benefits, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Essentially, the federal civil rights action law prohibits gender-based discrimination committed by and against students, staff, and faculty.

As per Title IX, sexual misconduct of any form-sexual harassment, sexual abuse, rape, etc.-is considered being gender-based discrimination if it meets a particular standard. The law notes that the victim's harm must be so extreme and objectively offensive that it effectively prohibits the victim from receiving the benefit of an educational opportunity.  Several courts have ruled that any harm inflicted on a victim that falls within the scope of any type of sexual misconduct meets that requirement.

Title IX also allows schools to deal with sexual misconduct cases under two conditions:

• The school is responsible for the accused.
• The assault took place on the campus; and

If these two requirements are met, schools are expected to conduct an investigation and hold a hearing to decide if the respondent is guilty or innocent. While this method appears to mimic the activity of criminal justice systems, their activities are worlds apart. Students accused of crimes of this type on the campus of higher education institutions must be mindful that they may not have the safeguards they would have if they were in the criminal justice system.