WHAT ARE THE MANDATORY RESPONSE OBLIGATIONS OF A SCHOOL UNDER TITLE IX?

New regulations under Title IX, a law promoting gender equity, require federally funded schools, colleges, and universities to take measures to address on-campus sexual harassment. When a formal complaint is filed by students or faculty and the complaint involves allegations of sexual misconduct, schools must promptly conduct an investigation into the matter. Under the new regulations, schools must respond to allegations of Title IX sexual harassment by:

  • Promptly contacting the complainant confidentially to discuss the availability of supportive measures;
  • Explaining to the complainant the process for filing a formal complaint;
  • Offering supportive measures to the person alleged to be the victim
  • Assuring the respondent (the accused) of due process
  • Conducting a live hearing, where applicable, as part of the grievance process (for post-secondary institutions)
  • Offering remedies to the complainant if a respondent is proven to be responsible

Mandatory Reporting

According to a case study by the Office of Justice Programs, about 10% of K-12 students will be exposed to sexual misconduct by school employees by the time they graduate. Another study shows that 20% of college students will become victims of on-campus sexual assault. One of the factors identified by the case study contributing to the high number of cases is the lack of awareness of school employees when it comes to sexual misconduct.

A provision in the new Title IX regulations now allows post-secondary schools to choose whether to have mandatory reporting for all employees if have knowledge of sexual harassment. The new regulations also allow universities the option of designating certain employees as confidential resources for students to discuss sexual harassment, without triggering an automatic duty to report to the school’s Title IX Office.

Many colleges already distribute printed information to students and staff and post their Title IX policies on the school’s website. Now schools must prominently display on their websites certain information, including the contact information for the Title IX Coordinator and materials used to train Title IX personnel on their websites.

If you are looking for advice on a Title IX issue, call to get a free consultation with the attorneys at Marcilliat & Mills PLLC. We have years of experience defending students (and professors) in Title IX matters across North Carolina.

State v. B.S.: Not Guilty Verdict in First Degree Murder Case.

In this case, our client was charged with First Degree Murder in connection with a “drive-by” shooting that occurred in Charlotte, NC. The State’s evidence included GPS ankle monitoring data linking our client was at the scene of the crime and evidence that our client confessed to an inmate while in jail. Nonetheless, we convinced a jury to unanimously find our client Not Guilty. He was released from jail the same day.

State v. S.G.: First Degree Murder Charge Dismissed.

Our client was charged with First Degree for the shooting death related to alleged breaking and entering. The State’s evidence included a co-defendant alleging that our client was the shooter. After conducting a thorough investigation with the use of a private investigator, we persuaded the State to dismiss entirely the case against our client.

State v. B.D.: First Degree Murder Charged Dismissed.

After conducting an investigation and communicating with the prosecutor about the facts and circumstances indicating that our client acted in self-defense, the case was dismissed and deemed a justifiable homicide.

State v. I.R.: Reduction from First Degree Murder to Involuntary Manslaughter and Concealment of Death..

Our client was charged with the First Degree Murder of a young lady by drug overdose. After investigating the decedent’s background and hiring a preeminent expert toxicologist to fight the State’s theory of death, we were able to negotiate this case down from Life in prison to 5 years in prison, with credit for time served.

State v. J.G.: .

Our client was charged with First Degree Murder related to a “drug deal gone bad.” After engaging the services of a private investigator and noting issues with the State’s case, we were able to negotiate a plea for our client that avoided a Life sentence and required him to serve only 12 years.

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