If you think that your school has committed a Title IX violation of your Title IX rights, there’s no reason to remain silent. This law is in place to protect you, and you have the right to speak up about any issues you notice. Furthermore, under the law, you are protected from retaliation. Title IX violations are not unheard of, and schools routinely conduct their own internal Title IX investigations.
What is Title IX?
Title IX is in 20 U.S.C. Section 1681(a) and says: “No person in the United States shall, based on sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.”
Who is Protected by Title IX?
Some people in South Carolina and across the United States think that Title IX only is in place to protect women. Still, men and gender non-conforming people also are protected. This includes faculty, staff, and students.
Besides acting as a guarantee of equal access to educational programs, it also requires fair treatment as it pertains to admission, extracurricular activities, sexual harassment, and violence.
A failure to protect any student from such discrimination, harassment, or violence is in direct violation of Title IX.
Isn’t Title IX Only About Sports?
No, Title IX goes beyond sports and requires gender equality in all facets of education, whether it is academics, sports, or admissions. It also plays a role in protecting you from sexual violence and sexual harassment.
What Penalties Could A South Carolina School Face?
The worst possible thing that could happen to any educational institution found not to comply with Title IX is that the school could lose its federal funding.
This harsh penalty is extremely rare. It is more likely that the school will be forced to make changes in how they operate and made to pay damages to anyone who has been injured due to sexual discrimination or violence.
What Can I Do If I Think My Title IX Rights Have Been Violated in South Carolina?
If you believe you or someone you know has had their Title IX rights violated in some manner, it’s vitally important that you raise the issue with the school administrators or a Title IX coordinator. You can also go right to the U.S. Department of Education to file a Title IX complaint with the Office of Civil Rights.
Can I File a Civil Lawsuit Regarding Title IX?
Yes, you can. There’s a section of Title IX law that allows you, if you’ve been harmed due to non-compliance with Title IX, to bring a civil lawsuit against the educational institution that violated your Title IX rights.
You may be able to recover monetary damages as well as request an injunction to end the behaviors by this educational institution that violated your Title IX rights.
Can A South Carolina Lawyer Help Me?
If you feel your Title IX rights have been violated, you should contact the Title IX attorneys at the Greenville, South Carolina law firm of Bannister, Wyatt & Stalvey, L.L.C. to discuss your individual case, and get advice as to what your next steps should be to protect your rights under the law.