Fighting For Important Causes In State And Federal Courts
Victims of sex discrimination, sexual assault, and sexual harassment in education deserve to have their rights protected and vindicated. This means that they should be able to file Title IX complaints and lawsuits free from fear that the institution will punish them or seek retribution against them for the claim. Protecting our Title IX discrimination victims is one of our primary concerns at the Law Office of Andrew Shubin. In pursuing this goal, our attorneys fight hard to file Title IX retaliation claims and seek justice for victims of retaliation.
Call our attorney today to set up a free legal consultation if you were subjected to disciplinary action or other negative effects because you reported a Title IX violation. The Law Office of Andrew Shubin’s Title IX retaliation claims attorneys may be able to help. For a free legal consultation, contact us today at (814) 826-3586.
How Title IX Protects Against Retaliation
Most civil rights legislation contains protections for whistleblowers and victims seeking help for civil rights abuses. Title IX includes specific protections that keep institutions from retaliating against employees or students who report Title IX discrimination, preventing the institution from expelling or firing them, taking disciplinary actions against them, or unfairly enforcing rules against them as retaliation for their complaint.
Protections against retaliation are vital for two reasons. First, if victims of discrimination or other people who witness Title IX violations can face legal retaliation, they will be afraid to come forward because of what it might cost them to speak up. Even with retaliation protections, people are still afraid to come forward, which goes to show that these retaliation laws must be enforced strictly to calm these fears. Second, retaliation protections stop institutions from trying to pressure people to drop complaints. If schools have permission to punish whistleblowers and victims who report Title IX violations, they could easily threaten to use those punishments against people who continue to press their claims. Without protections against retaliation, schools could work to silence reports, and others could walk into discrimination without knowing it.
Examples of Title IX Retaliation
Most Title IX cases are filed by students who have faced discrimination, abuse, or harassment because of their sex or gender. Title IX also protects employees in high schools, colleges, universities, and other educational institutions that receive federal funding. Retaliation can look very different for students and employees, but the following are common examples of retaliation in each situation.
Retaliation for Title IX Claims by Students
School administrators, teachers, and principals could be accused of retaliating against a student for any of the following acts if they were done because a student reported a Title IX issue:
- Expelling a student
- Suspending a student
- Giving a student detention
- Using niche rules or typically unenforced policies to “find a way” to punish the student
- Giving a student a bad grade
- Blocking participation in activities
- Blocking access to facilities or opportunities
- Publicly shaming the student
- Leaking sensitive or confidential information about a complaint
- Threatening a student with disciplinary action
- Further discrimination
Even if penalties or disciplinary actions were independently permitted, if there is evidence that the administration waited until after the Title IX violation was reported to activate such punishments, the school could still be accused of retaliation. In many cases, the independent justifications used to support penalties and discipline are mere pretext; the true reason for the punishment is retaliation.
Retaliation for School Employees and Teachers
Teachers are often subject to retaliation through employment decisions and punishments, such as the following:
- Reassignment or demotion
- Increasing the teacher’s workload
- Revocation or delay of tenure
- Pay reductions
- Official or unofficial reprimands
- Increased scrutiny
- Leaking or spreading information about the employee
- Further discrimination
Again, if these penalties or sanctions would be legal but were only done because of the Title IX employment discrimination complaint, they are illegal.
Whether in the case of a teacher or a student, responding to a Title IX sex discrimination complaint with further sex discrimination, sexual harassment, or sexual violence is patently illegal. In many cases, schools will respond by overcorrecting, punishing students by removing opportunities or further increasing sex discrimination to “prove a point.” This is also the entirely wrong response to claims of sex discrimination and could be considered retaliation if it negatively affects the person who reported the complaint.
Protections for Reporting a Title IX Violation
Retaliating against a student or teacher for reporting a Title IX violation is one of the best protections for that victim. Not only will their case be progressing toward compensation or answers that the victim needs, but retaliation protections help keep them safe from further issues. It is vital, however, to talk to an attorney to make sure that these retaliation protections apply to you.
Many anti-retaliation laws require that the reporting party report the violation in certain ways and inform certain parties before the anti-retaliation protections attach. Talk to a lawyer to make sure that your claim or complaint is filed in the proper way to activate the protections against retaliation for Title IX complaints.
Call Our Title IX Retaliation Lawyer for a Free Legal Consultation
The Title IX retaliation lawyer at the Law Offices of Andrew Shubin can fight to protect you and your rights while you progress your Title IX claim. In addition, our attorney can fight to get you the compensation and other remedies that you deserve from your Title IX complaint or Title IX lawsuit. For a free legal consultation on your case and how to progress with your claim free from retaliation, call our law offices today at (814) 826-3586.