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Title IX

Title IX and Retaliation

By October 17, 2017April 6th, 2022No Comments

If you have submitted a formal Title IX complaint, it is important to be aware of how Title IX protects you and make sure you are holding your university accountable. Under Title IX, it is prohibited for the university to retaliate because it interferes with your right to oppose or file a complaint against your school for Title IX violations. These protections do not only apply to the individual who files a complaint, but anyone who “participated in an OCR or school’s investigation or proceedings related to sexual violence.” Title IX protects you from retaliation from your university, meaning administrators, faculty, and staff who have participated. This protection, however, does not apply to retaliation from other university students. If you believe a student has retaliated against and your university has failed to protect you in this case, that could be the basis for a separate Title IX complaint.

Have I been retaliated against?

In this context,retaliation  is the intimidation, threat, coercion and/or discrimination against someone who has filed a Title IX complaint or reported a Title IX violation. The Title IX legal manual specifies four elements that have to be established for an action to be considered “retaliation.”

Firstly, the “complainant,” the person who is alleging retaliation must be “engaged in activities or asserted rights protected under Title IX.”

Secondly, the person or people accused of retaliation must be aware of the protected activity. Basically, if you allege someone is retaliating against you for filing a Title IX complaint, this person must have been aware that you had done so.

Thirdly, the accused, having known about the protected activity, “thereafter subjected the person to adverse action, treatment conditions…”

Fourthly, there must be a causal connection between the “protected activity” and the allegedly retaliatory actions.

It is important to remember that you are protected against retaliation even if your claims or complaints do not result in a case which finds your Title IX rights have been violated. Students have the right to be protected throughout the process, regardless of its outcome. As Know Your IX notes, “protected activity” does not only refer to a student’s right to submit a Title IX complaint, but also your right to speak out about your experience. If your university attempts to stop you from speaking to media or participating in activism regarding your Title IX complaint, this too is retaliation, Additionally, if your university’s Title IX office is unwilling to fulfil academic and housing accommodations, this may also be retaliatory.

What do I do if I believe I’m being retaliated against?

If you believe you are being retaliated against, the first thing you should make sure to do is to document and keep track of all communications between you and the university or individual you think is retaliating against you. In addition to keeping any emails or text messages, it can be helpful to keep a log of any verbal communications.

Once you believe you are being retaliated against, you can first try to speak directly to your Title IX coordinator and make them aware of the concerning behaviors. The coordinator may be willing to resolve the issue.

You should also contact an attorney! Do not hesitate to contact an attorney about your situation, especially if you feel your university is unwilling and unsupportive in resolving the issue. When you are meeting with or speaking to your attorney, documentation of your interactions will be very helpful. They can make you aware of all of your options, as well as help guide you through whatever option you choose. However, Title IX complaints are a very specific legal issue, and it is important to find an attorney who has ample experience and expertise in Title IX.

Resources

Going forward with a Title IX complaint can be an exhaustive and overwhelming process. To then be retaliated against can exacerbate these feelings, and leave one feeling like the odds are stacked against them. There are several resources available, free of charge, to support victims and survivors. At this link: https://hotline.rainn.org/online/terms-of-service.jsp you can find the RAINN (Rape, Abuse and Incest National Network) hotline. One can call in or use their online chatting service.

Sources:

https://www.knowyourix.org/legal-action/finding-a-lawyer/

https://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf

https://www.justice.gov/crt/title-ix

https://www.knowyourix.org/?school-reporting=reporting-violence

These materials have been prepared by Cohen Seglias for informational purposes only and are not intended and should not be construed as legal advice.

Shan Wu

Author Shan Wu

Shan’s professional and personal background gives him a unique understanding of academic institutions and the criminal justice system. A former federal prosecutor in Washington, D.C., he is at home in D.C. Courts and very familiar with all of the Washington, D.C. law enforcement agencies, especially the Metropolitan Police Department. His parents were university professors so he grew up in a university environment. He understands the mindset of academic institutions. As a prosecutor, he supervised in the misdemeanor crime section. This is the section of the Washington, D.C. prosecutor’s office that handles most college student cases. His understanding of charging decisions and how judges view these cases is invaluable to his student clients and their families. Shan served as a federal prosecutor in the United States Attorney’s Office for the District of Columbia for over ten years. During his tenure there, now Attorney General Eric H. Holder, Jr. appointed him to supervisory positions in the Misdemeanor Trial Section and also in a police corruption task force. His outstanding legal work in the government was recognized through numerous Special Achievement Awards from the Justice Department as well as awards conveyed by law enforcement agencies and community groups. From 1999-2000, Shan served as Counsel to Attorney General Janet Reno, advising her on criminal and civil investigations, E-Gov, E-Commerce (electronic signatures, internet gambling, internet telephony, privacy & public access issues in electronic court filings), congressional oversight, and legislative review. His responsibilities included serving as liaison to the FBI, DEA, Criminal Division, Executive Office of United States Attorneys, National Institute of Justice, and White House Counsel’s Office. Shan serves on the D.C. Bar Association’s Hearing Committee of the Board on Professional Responsibility and is a past president of the Asian Pacific American Bar Association for the Greater Washington, D.C. area. He is a 1988 graduate of Georgetown University Law Center, where he graduated Order of the Barristers, edited two law reviews, and was Co-Director of the Moot Court Program. He holds a B.A. in English Literature from Vassar College as well as a Master’s Degree in Creative Writing from Sarah Lawrence College. Following law school, he clerked for the late Hon. Jerry Buchmeyer, U.S. District Court for the Northern District of Texas, and the late Eugene Wright, U.S. Court of Appeals for the Ninth Circuit. He is admitted to practice law in the District of Columbia and Connecticut.

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