Schools are intended to be a place where students learn important academic and life skills required in order to be successful and functional adults. Administrators, teachers and other staff are trusted by parents to take their jobs seriously and not to do anything that could potentially jeopardize their students. Unfortunately, in recent years this trust has been repeatedly breached, with extreme instances of school violence, sexual assaults and more.
Despite these issues, the law clearly states that schools are required to have specific procedures and policies in place in order to protect students who are in danger, as well as create an environment that is void of discrimination and violence. When a school fails to put these protections in place or simply does not follow its own guidelines, parents and interested parties may be eligible to file a discrimination lawsuit under Title IX of the Civil Rights Act in order to receive justice.
What does Title IX Cover?
The Civil Rights Act of 1965 is a federal law put into place to ensure that students in secondary schools, colleges and universities were not discriminated against based on sex, gender, race or other factors. A subsection of this act, known as Title IX, deals specifically with schools that receive funding from the federal government. Because of this, any schools that do not accept money from the U.S. government may not be required to follow the rules and regulations outlined in Title IX.
Under Title IX, students attending schools receiving federal funding are entitled to certain rights, including protection against discrimination and other types of violence while in attendance of these institutions. Part of this is the requirement that schools must have a published policy against sexual discrimination, which must be clearly posted for every student to be able to see. In addition to this, every school must have a Title IX Coordinator who is responsible for ensuring that the school is in compliance with Title IX.
The final part of the Title IX requirement for schools is having a procedure in place for students to be able to file sexual assault and discrimination complaints. This means the students must be able to file a complaint with the school directly if they feel they are a victim of sexual assault or discrimination. The procedures for this must be clear and known to all students, with regular updating of students as to the progress of the complaint.
Filing for a Lawsuit
Lawsuits and complaints surrounding Title IX can be filed by any individual who feels they are a victim of sexual discrimination at a school supported by federal funding. While legally this can be done by any individual, most people are unfamiliar with how the process works, especially if the suit is being filed in federal court. For this reason it is strongly recommended to be completed by an experienced school law attorney in order to have the best possible outcome.
The school attorneys at Kelly & Kelly P.C. have many years of experience working with cases involving Title IX as well as school issues. Our expert school lawyers will examine your particular case and come up with the best possible game plan for achieving a successful legal outcome. If you or someone you know is in need of legal assistance in a Title IX case, please contact our office today for a consultation.
The offices of Kelly & Kelly P.C. are located in Northville, MI. We represent clients in Wayne County, Oakland County,
Washtenaw County, Livingston County, Macomb County, Genesee County and throughout the state of Michigan.Kelly & Kelly P.C handle cases in various courts throughout Michigan. This includes the 35th District Court along with the:
16th, 17th, 18th, 21st, 23rd, 29th, 34th, 47th, 52nd, 53rd, 19th, 20th, 24th, 25th, 27th, 28th, 30th, 31st, 32A, 33rd, 36th, 14-A, 14-B, 43rd, 44th, 45-A, 45-B, 46th, 48th, 50th, 51st and 15th District Courts
This also includes Circuit Courts such as the 3rd Circuit Court along with the 6th, and 22nd Circuit Courts.