"No person in the United States shall, on the basis of sex, be excluded in participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
The Education Amendments of 1972
According to the U.S. Dept. of Justice, the Education Amendments of 1972 is a comprehensive federal law that prohibits sex discrimination in all educational programs that receive federal funding. Title IX under the Education Amendments is the specific portion of the law that focuses on sex discrimination.
Sex Discrimination & Sexual Violence
The Office of Civil Rights (OCR) of the U.S. Dept. of Education enforces Title IX. In its "Dear Colleague Letter," the OCR wrote, "The sexual harassment of students, including sexual violence, interferes with students' right to receive an education free from discrimination and, in the case of sexual violence, is a crime."
With sexual violence, the OCR has defined it as that which happens against a person's will or without the person's consent due to incapacitation from drugs or alcohol. (Read more on the definition of consent.)
Ongoing Scrutiny & Enforcement on College Campuses
In 2011, Vice President Joe Biden issued guidelines reiterating the burden of proof in Title IX cases - a "preponderance of the evidence," rather than the standard burden of proof in criminal cases, which is guilt beyond a reasonable doubt. This means a lower burden of proof on the part of someone who has made accusations of rape or other unwanted sexual behavior against a fellow student.
In 2015, Biden wrote in a White House blog post, "You have to demand that your Universities be held accountable. President Obama and I have made it crystal clear that schools that fail in this responsibility are in violation of Title IX and risk federal investigation and financial penalties."
Contact Roberts Law Group, PLLC
What this means is that thousands of colleges and universities nationwide are invested with the authority (and responsibility) to investigate accusations of sexual misconduct. The schools' federal funding is at risk if they fail to do so.
If you're facing a Title IX investigation, call 866-630-2389. Roberts Law Group, PLLC is located in Raleigh. We defend students throughout North Carolina.
North Carolina vs. O.S.
Charge: First Degree Forcible Rape and First Degree Kidnapping
Facing: 26 - 33 years in prison
Case involved allegations of forcible rape at gun point. We were able to gather evidence to attack the accuser's credibility and discredit her story. The prosecution dismissed the charges.