Title IX Attorneys
New Jersey Title IX Attorneys
The Title IX attorneys at Schall & Barasch believe that all individuals, regardless of gender, deserve full and equal opportunities afforded by educational institutions. Many think that students are the only individuals that receive Title IX protections. However, faculty, staff, coaches, and teaching assistants also receive protections. Anyone who is in an educational institution who believes that they are the victim of sex discrimination may bring a complaint under Title IX. Educational institutions are required to protect students and employees from discrimination. However, they are not required to provide legal representation to complainants. This is why you should consider consulting with a New Jersey discrimination attorney.
Who We Represent
The New Jersey employment lawyers Richard Schall and Patricia Barasch advocate for students, faculty, staff members, and coaches within federally funded educational institutions. Their Firm is unique in that it exclusively represents those who have experienced harassment or discrimination within an academic setting.
As you’ll read below, those within educational institutions may file complaints within their institutions, complaints with the Office for Civil Rights, or a lawsuit in federal court. The attorneys at Schall & Barasch provide consultations to potential clients at any point of this process regardless of whether they have or want to file an internal complaint with their educational institution.
Unfortunately, you cannot always trust your institution to remain impartial when you file a Title IX complaint. Schools and universities often act in their own best interests, rather than the best interests of their students and staff. The inefficiency and often inequitable nature of internal complaint procedures often re-traumatizes claimants. Having an advocate in this process can help. Speak to the Title IX attorneys at Schall & Barasch to ensure that your rights are protected if you have, or are considering filing a Title IX complaint.
What is Title IX?
Title IX is a federal civil rights law that was passed in 1972. It prohibits sex discrimination in educational programs and activities. Some of the most common Title IX violations include:
- Sexual harassment and assault;
- Retaliation for making an informal complaint;
- Pregnancy discrimination;
- Employment discrimination on the basis of sex; and/or
- Unequal funding of athletic programs and other educational opportunities to men and women.
Once an educational institution becomes aware of sex discrimination, it must take prompt and effective action to stop it.
Which schools must comply with Title IX?
Any university, educational institution, or educational program that receives federal funds must comply with Title IX. This includes those based in libraries, prisons, museums, and various other institutions.
When can you pursue a Title IX claim?
You might have cause of action if you:
- Were not permitted to participate in a school activity because of your gender;
- Faced sexual harassment or sexual violence within your educational institution; or
- Faced retaliation for reporting Title IX violations within your institution.
Who can pursue a Title IX claim?
While many believe that Title IX only covers students, the law actually offers protections to all who study or work for a federally funded educational institution. This includes faculty, staff, coaches, and teaching assistants, for example. Therefore, anyone from an educational institution who has experienced or has been made aware of a Title IX violation may file a complaint. It is important to note, however, that only those who have directly experienced Title IX violations (with the exception of minors, in which cases their parents may act on their behalf) may file lawsuits.
Where and how can you file a Title IX complaint?
You can file a Title IX complaint directly with your educational institution through its internal grievance procedure or with the federal government, either with the U.S. Department of Education’s Office for Civil Rights (OCR) or with the U.S. Department of Justice. If you choose to file a complaint with the government, you do not need to file a complaint with your educational institution first.
How do you file a Title IX lawsuit?
Only those who have directly experienced Title IX violations may sue their educational institution for Title IX violations. The only exception is if the claimant is a minor; in this case their parents may act on their behalf. Educational institutions are not required to provide you with legal representation. Therefore, you should consider consulting with an attorney who deals with discrimination and Title IX lawsuits.
There is no legal requirement that you file a grievance with your educational institution or the government before bringing a lawsuit. However, if you have already filed a complaint with the government, you must wait for that investigation to be finalized before bringing a lawsuit; a premature lawsuit will halt any investigation by the government. Once the government finalizes its Title IX investigation, you may then bring a lawsuit regardless of the investigation’s outcome.
Documentation is critical to Title IX lawsuits. Do your best to document any of your school’s Title IX violations, as well as any communications you may have regarding those violations, before meeting with an attorney.
Can I get in trouble for reporting Title IX violations?
Those who report Title IX violations are protected under the 2005 Supreme Court decision Jackson v. Birmingham Board of Education. If you suffer adverse action or retaliation after reporting a Title IX violation, consult with an attorney.
What happens to a school if it violates Title IX?
Schools that violate Title IX risk losing federal funding. Moreover, when the court finds a school responsible for a Title IX violation, the court may order the school to pay monetary damages, including court costs and attorneys fees, and/or to take or refrain from taking certain actions to remedy the conduct that led to the violation. The court may also order the school to provide it with a plan of compliance that outlines the steps the school plans to take to rectify its Title IX violations. The court will then monitor the school to ensure that it follows through with its compliance plan.
New Jersey Title IX Attorneys
Employment attorneys Richard Schall and Patricia Barasch advocate for those who face sex discrimination at work, including for those who work for educational institutions. If you believe your educational institution has discriminated against you on the basis of sex, fill out their online form to request a consultation, or call their office at (856) 914-9200.
Richard Schall agues against forced arbitration before the New Jersey Supreme Court