Are You Affected By Campus Sexual Violence?
Campus sexual violence continues to increase at schools, colleges, and universities across the United States. Student disciplinary proceedings at schools also continue to rise. As a result, students facing student misconduct, academic dishonesty, failure to progress, or Title IX allegations need legal and educational representation.
Keith Altman of K. ALTMAN LAW has responded to this call. He wants educators and administrators to take seriously allegations of student sexual violence in order to address what he sees as a crisis in Title IX processes.
Those facing allegations under Title IX have questions and concerns that require expert answers. Students’ rights are protected by the K. ALTMAN LAW team, which is made up of seasoned educators and legal professionals.
Title IX and Title VII in Higher Education
Student defense under Title IX will also have implications for employees under Title VII. According to Jeannie Suk Gersen, John H. Watson, Jr. Professor of Law at Harvard Law School, “We could see an increase in wrongful termination claims…as clients argue that their firing was discriminatory against the male sex…in violation of Title VII…even if the (goal) was driven to eradicate discrimination against females.”
Sexual Harassment and Sexual Discrimination in the Workplace
The US Court of Appeals for the Second Circuit rejected a male employee’s claim of sex discrimination under Title VII. His co-worker, a woman, accused him of sexual harassment and stalking. The man felt he was under pressure to leave his job as a result. His supervisor and the company’s HR department failed to investigate the allegations made by the man’s coworker. In light of the employer’s lack of thorough investigation, the court determined that a “reasonable jury” could infer that the man faced discrimination based on sex stereotypes.. [Sassaman v. Gamache, 2nd Cir. 2009, 566 F.3d 307]
K ALTMAN LAW has defended the rights of thousands of students, teachers, and staff members in higher education.
Why should employers pay attention to Title IX cases?
Workplace sexual harassment accusations continue to rise. These matters take on additional importance when we consider the reach of Title IX.
Title IX protects a range of others from sexual harassment and discrimination at educational institutions—employees, programs, and other activities at the educational institution are also protected under the law. For instance, Title IX protects employees of activities or other educational venues or program hosted by the school, even if it’s not directly sponsored or offered by the school.
Congress uses broad language in defining educational programs and activities under Title IX. Jane Doe v. Mercy Catholic Medical Center, a federal appeals decision concerning sexual harassment claims of a medical resident, determined that federally funded employees can bring lawsuits under Title IX, and both Title VII and Title IX protect employees from discrimination in the workplace.
Title IX provides an avenue for employees and students to pursue a claim for damages. According to the court, Title IX programs and activities (which include “all operations of an entity” receiving federal funds –not just private or public post-secondary institutions, but anyone providing education) may be covered. In determining whether an activity or program was educational, the court considered the following factors:
What is the program or activity’s full-time or part-time status? Are they part of a course of training or study?
Is there a certificate, degree, or diploma awarded to participants?
How far do they go towards certification or training for a trade or certain occupation?
Does the program or activity include an instructor, an evaluation, or an exam that includes a process or grade?
Is tuition accepted by the program or activity?
Is the entity positioned as an educational program or activity?
Title IX May Inform Policies of Title VII
Title IX refers to Title VII of the U.S. Civil Rights Act when defining sexual harassment. Together, social media and Title IX created a compelling platform. In the same way that #MeToo exposed the extent of sexual harassment in the workplace, Title VII requires employers to conduct impartial and thorough investigations of sexual harassment claims.
K. ALTMAN LAW represents both complainants and respondents in Title IX proceedings. It is vital that schools, colleges, and universities review their disciplinary policies, procedures for employees and students, and any Title IX training to prevent and avoid lawsuits. Survivors and schools have more options when processes are unbiased and fair. Call Attorney Keith Altman now to discuss your case at SD@kaltmanlaw.com.