In the first part of this series, we discussed the details behind the Title IX law, the difference between immunity and deliberate indifference, and our experiences with Title IX laws. The second part of this series will include who is covered under this law, what actions are prosecutable and the details surrounding Title IX claims.
WHO AND WHAT ACTIONS ARE COVERED
Most independent or private educational institutions are, generally speaking, not subject to Title IX because they do not recover or accept federal funds or support. Title IX of the Education Amendments of 1972 is only applicable to educational institutions that receive federal funds or assistance. While recent (2020) U.S. Department of Education rules have modified, and in many ways rolled back Title IX protections, Title IX is still a powerful tool. The types of actions covered by Title IX include any form of sexual abuse, assault, or battery and can include bullying, including hazing, and other forms of harassment or abuse.
In Georgia and many jurisdictions, cases or claims rely heavily on notice and response to the misconduct. What a school knew or should have known about the misconduct and its response to such knowledge are key factors in determining if a Title IX case is valid. For example, did the school know or should it have known about the violative acts and/or actions, and most importantly, what did the administration do about it? Were they deliberately indifferent to the consequences?
If, for example, the misconduct is known or reasonably should have been known, it is the school’s responsibility to take appropriate action, investigate, and take reasonable and appropriate steps to respond.
A victim can initiate a claim with the U.S. Department of Health and Human Services, Office for Civil Rights, within 180 days from the incident(s); however, a complaint is not required and a private lawsuit under Title IX may be initiated without an official complaint. Timelines are always crucial in any case and will vary from state to state.
OUR EXPERIENCE
We have represented several students victimized by teachers throughout the years. In 2017, for example, Isenberg & Hewitt filed suit on behalf of a high school student who was sexually assaulted by one of her teachers. During litigation, we found several other young and vulnerable female students were also victims of the same teacher. We successfully represented five students victimized by this one predator.
In 2016, Isenberg & Hewitt filed suit on behalf of two young men who were sexually abused by one of their teachers. Civil actions against the school district and some of its officials were filed on behalf of the young male victims. Ultimately, we were able to achieve the highest award available in Georgia for such reprehensible conduct.
Public schools and teachers are aggressively defended, and pursuing justice against them can be costly and time-consuming. Every situation and every fact pattern are different. We can’t turn back the clock on these incidents, but we can do something when the unspeakable happens.
Want to learn more or talk about your case? Contact us at 770-202-9481.