Title IX Defense
Minnesota is home to more than 175 public and private post-secondary institutions. More than 415,000 undergraduate and graduate students enroll in these institutions every year. Under Title IX of the Education Amendments Act of 1972, schools receiving federal funds (nearly all schools) must guarantee students an equal opportunity of receiving an education regardless of a student’s sex. Title IX also prohibits sex discrimination by colleges and universities.
Over the years, Title IX has been interpreted to require colleges and universities to prevent and remedy sexual harassment and sexual violence that interferes with the learning environment of students. Today, virtually all schools have adopted and follow sexual harassment and sexual misconduct policies that govern the behavior of students on and off campuses. These policies create a process to address allegations of sexual harassment and sexual misconduct by students. As of 2011, the federal Department of Education advised all schools receiving federal funds that they must investigate and take action on all allegations of sexual assault. Unfortunately, colleges don’t always get things right, even when they follow their own policies.
At Lundgren & Johnson, PSC, we represent college students in college and university disciplinary proceedings and appeals (Title IX Defense cases). We have the tact, focus, and work ethic to take on the resources of well-funded and bureaucratically-oriented institutions seeking to suspend and expel students for alleged violations of student conduct codes and school policies. Having an experienced and capable attorney in your corner from the beginning is important. In many cases, students facing allegations of sexual harassment or sexual misconduct are at a built-in disadvantage. The school has complete control over the investigation and only after the investigation is complete is the accused student given a hearing to contest the allegations. The hearings are often rife with procedural deficits and short-comings – they are nothing like the civil and criminal trials we have come to know in our system of justice.
You have rights. Exercise them. If you, or your son or daughter, has been accused of harassment, sexual harassment, sexual misconduct or any other form of misconduct leading to a Title IX investigation at a Minnesota college or university, do not hesitate to contact us to discuss your Title IX defense case.