Irvine Title IX Lawyer
Many people know Title IX as the federal law that requires colleges and universities to provide equal access to educational opportunities. But Title IX also provides important legal protections for students who are subjected to sexual harassment and sexual assault while attending a college or university. Basically, if a school ignores such civil rights violations, the victim has a right to sue and demand relief, including possible monetary damages.
If you or your child have faced sex-based discrimination on campus and need advice on what to do next, a qualified Irvine Title IX lawyer can help. At The Garza Firm, we represent students whose lives have been harmed by sexual harassment and sexual assault. We understand how difficult it can be to come forward, which is why we will fight for you and your rights under the law.
When Can You File a Title IX Complaint or Lawsuit?
Title IX of the Educational Amendments of 1972 provides that no educational program or activity receiving federal financial assistance may discriminate on the basis of sex. This includes discrimination based on sexual orientation or gender identity. In practical terms, any college or university that accepts federal financial aid must comply with Title IX, even if they are private institutions. (There are certain exceptions for military and religious programs.)
A school’s Title IX obligations include being proactive in preventing sex-based harassment or violence on their campuses. If a school receives a report of such harassment or assault, there must be a prompt and impartial investigation into the complaint. Should the school fail to follow its own policies or otherwise demonstrate “deliberate indifference” to sexual assault, the student can file a Title IX complaint with the United States Department of Education.
The student can also file a civil lawsuit under Title IX. This is in addition to any legal action that may be taken against the original perpetrator. For instance, in a sexual assault case, the victim can sue their attacker independent of any Title IX action against the university.
A Title IX lawsuit can seek both injunctive and monetary relief. Injunctive relief is designed to change how the school or university acts with respect to future reports of sexual assault or sexual harassment. For example, a judge can order the institution to make changes to its reporting or investigation policies. The court may also award monetary damages to the individual plaintiff, especially in cases where the offender was employed by the educational institution as a faculty or staff member.
Contact The Garza Firm Today
Title IX lawsuits are often quite complex as they involve a specific area of federal law. And if you are a student who has recently faced sexual assault or sexual harassment on campus, you may find it difficult to step forward and make a public accusation. That is why it is always best to work with an experienced Irvine Title IX lawyer who can walk you through the process. Contact The Garza Firm today to schedule a free consultation with a member of our team.