Under Title IX, educational institutions receiving federal funding must investigate complaints against students about sexual harassment, sexual assault, stalking, dating violence, and sexual violence. Every school must have a Title IX policy and a designated Title IX coordinator to ensure compliance with Title IX, including legally required complaint, investigatory, and grievance procedures. There are many procedural requirements that must be followed during the Title IX investigation, including about notice, the right to be heard and present evidence, and the opportunity to ask questions. For the accused, any decision about whether to be interviewed must be done in consultation with an attorney, particularly if there are potential or actual criminal charges.
Individuals have a right of action and can file a legal complaint in federal court against educational institutions receiving federal funding who violate Title IX. You can seek an injunction – or an order for the educational institution to do or not do something. For intentional discrimination, you may also seek monetary damages; however, such damages do not include punitive damages or damages for emotional distress.
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