As a Fort Collins Title IX lawyer, John and his colleagues at Hutchinson, Black and Cook are well aware of the potential effects that sanctions can have on their clients. As such, they take every opportunity to protect their clients' rights.
If you believe you are the victim of retaliation, you should immediately notify your supervisor and seek an explanation. You may also want to request a copy of your performance evaluations and other records before making a retaliation claim.
Representation for Employees
If you believe that you are a victim of sex-based discrimination, you have a right to sue for retaliation. Your best chance for a successful outcome is to have an experienced attorney represent you.
A violation of Title IX is a serious offense. It may lead to a school sanction which could include suspension, expulsion, and/or the withdrawal of an earned degree. This can have a devastating impact on your ability to attend other schools or get a job.
If a school is notified of a sexual harassment or assault case, they must begin the investigation immediately and must make an initial determination as to whether or not there has been a violation of Title IX. They must then inform both the alleged victim and the alleged perpetrator of their decision. The alleged victim and the alleged perpetrator have the right to appeal this decision.
Once the investigator has completed his or her work, they will present their findings to the impacted party. The impacted party will be given the opportunity to respond to the allegations in their own words.
Title IX is a federal law that requires all institutions receiving federal funding, including colleges, universities, and public or private elementary and secondary schools to provide equal opportunity for students of both sexes. This includes admissions, programs, counseling, scholarships, insurance benefits, and other aspects of a school's education.
In addition, retaliation can be harmful to the employer, as well. It can cause the employer to lose its business and to suffer losses in employee morale.
A police investigation can reveal who is responsible for the abuse. It can also lead to charges against the perpetrator if there is sufficient evidence to support the allegations.
Cari Simon, for example, is a nationally recognized expert in the field of sexual and gender violence who has successfully represented many survivors of harassment, stalking and dating violence at national universities nationwide. She is the Inaugural Fellow at the Harvard Gender Violence Clinic and has been credited with the inclusion of stalking and dating violence in the definition of sexual harassment under Title IX.
Representation for Students
To prove retaliation, you must show that you had an actual or apparent relationship with the discriminatory act and that the retaliatory action was taken against you for filing a claim, complaint or investigation related to the discrimination. You must also demonstrate that the adverse action would deter a reasonable person from making a similar charge, complaint or investigation.
When an accused student or employee is subjected to a sexual misconduct investigation, they should have an attorney who is experienced with these matters on their side from the beginning. These attorneys can help you understand your legal options, ensure that your rights are protected, and advocate for you throughout the investigation and prosecution process.
In some cases, the perpetrator may have no idea that they are engaging in a legal violation. They may be acting out of ignorance or malice, but that does not mean they are protected under Title IX.
Our team is comprised of lawyers with extensive experience in advising and representing victims of sexual assault, stalking, dating violence and other forms of misconduct on college and university campuses across the country. Our attorneys are nationally recognized leaders in these areas of law, with the resources and expertise needed to achieve exceptional results for their clients.
If you feel that your school has violated the federal law, you may have options to remedy the situation.
Our team of attorneys has the experience and knowledge necessary to represent school and educational institution assault survivors in both state and federal courts. We are committed to protecting and defending our clients’ rights, while empowering them to effectuate meaningful change.
If you are a student accused of rape, sexual assault, sexual misconduct including stalking or sexual harassment while attending a college or university, you need an attorney to help you protect your rights and preserve your academic achievements. The consequences for a student accused of these crimes can include suspension, expulsion, "responsible for sexual misconduct" noted on your transcript, criminal prosecution with probation, prison and sex offender registry.
For instance, the firm's lawyers are proud to have represented a former Colorado University student who recently had her Title IX complaint resolved with "no adverse findings" and no policy changes required. Likewise, the team has handled numerous high profile cases at institutions throughout the country, including Temple University, the University of Oklahoma, William and Mary, Brown University, UMass Amherst, UCLA, Assumption College, Florida A&M, North Carolina Wesleyan College, the Indiana High School Athletic Association and more.
Fortunately, the laws that govern Title IX, which protect students and employees in universities and colleges that receive federal funds, do not prohibit a person from filing a report about the conduct they believe is illegal. Rather, these cases are evaluated by an impartial investigator who reviews police reports, social media posts, campus security reports, videos, and other evidence.