College Park State School vs. Private School and Title IX
Most educational institutions have established a code of conduct that students must follow while attending school. In addition to their own code of conduct, institutions receiving federal funding are required to adhere to the laws outlined in Title IX of the Education Amendments Act of 1972.
This law sets certain expectations regarding a school’s responsibility to respond to incidents of sex-based discrimination or sexual misconduct. A Title IX attorney could answer any questions you may have about the responsibilities of College Park state school versus a private school under Title IX law.
Title IX Requirements for State Schools in College Park
Most state colleges and universities in the area receive federal funding. Under Title IX, all of these schools are required to protect students against various forms of sexual misconduct, such as sexual harassment, stalking, sexual assault, dating violence, and unlawful discrimination on the basis of sex. It is important to note that schools are only required to act if the alleged offense occurred under an education program or activity.
Conducting Disciplinary Hearings
School boards must investigate all allegations of inappropriate sexual conduct by conducting disciplinary hearings to determine if the accusations are true. These meetings should be prompted by actual knowledge of the alleged act of misconduct. During the investigation, both parties must have an equal opportunity to examine the other party’s evidence and cross-examine witnesses.
Under Title IX, schools are required to choose one of two standards of evidence that must apply to all proceedings for students, faculty, and other employees. Educational institutions may choose the “preponderance of evidence” or the “clear and convincing evidence” standard. If the disciplinary board determines the accusations are true based on the evidence, the school must take corrective action such as suspending or expelling the defendant.
Notifying Law Enforcement
In addition to conducting internal investigations of alleged sexual misconduct, state school officials also have an obligation to report a possible crime to local law enforcement. Depending on the situation, a student may be faced with criminal charges and prosecution. A lawyer who handles Title IX cases could explain more about the legal expectations for state schools in dealing with sexual misconduct.
Legal Obligations for Private Schools
If a private college or university receives no funding from the federal government, the school does not have any legal obligation under Title IX law. However, private institutions typically have a code of conduct that prohibits sexual misconduct.
It is likely that someone accused of an inappropriate sexual act at a private college would still face an investigation and potential consequences. Further, even private schools that do not receive any federal funding have a moral and legal obligation to report criminal activity to the authorities. A student accused of sexual misconduct could still face criminal charges.
Private schools that benefit from some federal funds have the same legal requirements as public colleges and universities to adhere to Title IX law. Such schools must investigate alleged sexual offenses and take appropriate disciplinary action. An attorney who is familiar with Title IX law could defend a student at a public or state school following any accusations.
Contact a Lawyer About Title IX and State vs. Private Schools in College Park
If you are a student at a college in the area, it is crucial to understand your school’s legal obligations are under Title IX. The potential consequences of a school hearing or a criminal charge could negatively affect your future.
If you have concerns about your school’s obligations under federal law, an attorney could provide clarification. Reach out to an attorney to discuss the legal expectations for your College Park state school or private school under Title IX. Our team could defend you in the event of a sexual misconduct allegation.