Category: Title IX and Education
Clear ResultsCommercial Litigation
What Parents Need to Know About Title IX in Private K-12 Schools
Title IX is a federal civil rights law that prohibits sex-based discrimination in education programs and activities that receive federal financial assistance. It can apply across a broad range of school programs and concerns, including academics, athletics, student housing, school-sponsored programs and activities, admissions where applicable, pregnancy-related protections, and responses to sexual harassment and other sex-based misconduct. For families at private K-12 schools, the first question is whether Title IX applies at all. If it does not, the school’s policies, procedures, and available remedies determine how concerns are addressed. Understanding Title IX Coverage That coverage question is especially important for private K-12 schools because not all are subject to Title IX. In general, Title IX applies only when a school receives federal financial assistance. For example, in general, religious institutions do not receive federal funding and, as a result, are exempt from Title IX. Because funding arrangements and exemptions can vary, families should ask whether the school is covered by Title IX, whether it has designated a Title IX coordinator, and what formal process it uses to address sex-based discrimination complaints. The legal landscape also continues to evolve. Following a federal court decision issued on January 9, 2025, schools covered by Title IX currently operate under the 2020 Title IX regulations rather than the 2024 Final Rule. What Happens if a Private School Is Not Covered by Title IX? If a private school is not covered by Title IX, that does not necessarily mean the concern will be ignored or that no process exists. Instead, the matter is often handled under the school's handbook, code of conduct, student safety policies, employment policies, or other complaint procedures. In some situations, other federal, state, or local laws may also apply, depending on the facts and the type of school involved. In New York, the state legislature has opted to separately address campus sexual assault pursuant to New York Education Law Article 129-B. NY Article 129-B, otherwise known as the "Enough is Enough" law, requires all colleges and universities in the state to adopt comprehensive rules regarding sexual assault, dating violence, domestic violence, and stalking. Families should ask who will investigate the complaint, what policy will be used, what interim or supportive measures are available, whether there is an appeal process, and when the school expects to reach a decision. When Title IX does not apply, the school's response may look more like an internal investigatory process than a formal Title IX grievance procedure. That means the procedural steps, timelines, and available remedies may be defined by school policy rather than federal regulation. In serious situations, families may also wish to consider whether reporting to law enforcement or seeking civil legal remedies is appropriate. In all cases, it’s important for families to seek legal advice as soon as they become aware of the campus issue to determine the best way to route their concerns. Reporting Concerns and Seeking Support If a student experiences sexual harassment or other sex-based discrimination, families should promptly report the concern to the appropriate school official. At a covered school, that will often be the Title IX coordinator, who can explain the school's procedures, discuss available supportive measures, and answer questions about the complaint process. If a family believes a covered school has not adequately addressed a complaint, it may file a complaint with the U.S. Department of Education's Office for Civil Rights or seek legal remedies through the court system. What to Expect During the Process Every school's procedures differ, but Title IX investigations generally involve gathering information from the parties and witnesses, reviewing relevant documents, and evaluating the parties’ credibility. Schools typically notify the parties of the complaint, explain the process, and provide information about available supportive measures. Investigation timelines vary, but many schools aim to complete investigations within approximately 60 days. Unlike many college and university procedures, K-12 schools are not required to hold live hearings. Religious Schools and Title IX Some private schools are affiliated with religious organizations. Even when a religious school receives federal financial assistance, it may qualify for a religious exemption if compliance with certain Title IX requirements would conflict with its religious tenets. Because the scope of these exemptions has been the subject of ongoing litigation and regulatory debate, families should not assume that Title IX applies identically at every religious school. Parents may wish to ask whether the school claims any Title IX religious exemptions and how those exemptions affect its policies and procedures. Practical Tips for Families Families can play an important role in protecting a student's rights by: Determining whether the school receives federal financial assistance Reporting concerns promptly and identifying the appropriate school contact Preserving all documentary and electronic evidence Keeping records of emails, meetings, notices, and other communications Requesting information about the school's process, timeline, and available supportive measures Following up on important conversations with the school in writing Asking for an explanation of how the issue affects the student's educational experience, including attendance, participation, safety, or academic performance Effective Advocacy For families at private K-12 schools, effective advocacy begins with understanding whether the school is covered by Title IX. If it is, the school should be following the mandated grievance procedure outline under the Title IX Regulations. If it is not, the case will often be handled under the school's own policies and procedures instead. In either situation, families should ask who is responsible for the response, what rules apply, what supportive measures are available, and what timeline the school expects to follow. Whether the matter proceeds through Title IX or through school-specific procedures, clear communication, careful documentation, and timely reporting can help families seek support and protect a student's access to educational opportunities.
September 29, 2026
Title IX and Education
Campus Title IX Hearings: This Isn’t a “Court of Law" but Your Words May Still Have Legal Consequences
Title IX hearings are administrative, educational proceedings designed to address student reports of sexual harassment on campus. They are not intended to simulate a “court of law” and are not held to the same evidentiary or legal standards one can expect from a traditional legal proceeding. Although campus Title IX proceedings are not legal proceedings, students should still be wary of what they say during the process and beyond. While their statements during the campus Title IX process are likely privileged, absolute immunity may not apply to insulate students from defamation liability. Additionally, what students say outside the campus Title IX process is not privileged at all and may carry significant legal consequences. As Title IX matters increasingly intersect with defamation, understanding this overlap is critical. Consider a common scenario: a student is accused of sexual misconduct following an encounter where both parties had been drinking. The accused student believed the interaction was consensual but soon found themselves the subject of rumors spreading across campus, including being labeled a “rapist.” What begins as a private dispute quickly escalates into widespread reputational harm. The accused student experiences social isolation, is asked to step down from organizations, and sees their academic performance decline. Seeking relief, the accused student turns to the university, but institutional responses are often limited. Defamation Basics and Why Title IX Makes Things Complicated The majority of Title IX matters are “he said, she said” situations and often involve competing narratives of what took place during the parties’ encounter. When one party publicly shares their perspective with others, it can sometimes lead to premature conclusions about the other party that have long-lasting and stigmatizing effects. This is where Title IX intersects with the concept of defamation. To establish a defamation claim, a plaintiff must generally show that a false statement of fact was made about them, published to a third party, and caused reputational harm, all without the protection of a legal defense or privilege. However, not every harmful or offensive statement is subject to defamation liability. Opinions and statements made in good faith during the campus Title IX process may fall outside the scope of defamation. In the Title IX context, the line becomes blurred, particularly when statements about another student spread beyond the formal process. Privilege, Immunity, and the Limits of Protection Even when statements are later proven false, they may be protected by privilege if they were made during the Title IX proceeding. In some jurisdictions, a Title IX proceeding qualifies as a “quasi-judicial” proceeding. Certain communications made in quasi-judicial or administrative settings may be shielded from defamation claims, but these protections are not absolute. In fact, very few jurisdictions provide absolute immunity to statements made during the Title IX process. Sometimes, statements are only cloaked by a qualified privilege, which means the speaker must still prove that the statements at issue were made in good faith before the privilege applies. Courts have increasingly been asked to evaluate how these principles apply in university disciplinary proceedings, underscoring the legal complexity surrounding campus speech. How Courts Are Treating Title IX Statements After the Fact As courts begin to weigh in, it has become clear that what is said during a Title IX proceeding, and how those statements are later treated, can have consequences that extend far beyond campus. In Khan v. Yale University and Le v. University of Medicine and Dentistry, the court focused on what happened inside the Title IX process itself. In Khan, the Connecticut Supreme Court concluded that Yale’s Title IX disciplinary process did not function enough like a courtroom to give participants absolute immunity from defamation claims. While the court acknowledged the importance of encouraging students to report sexual misconduct, it held that knowingly false or malicious statements made during the process could still lead to liability. Together, these cases show that statements made during campus disciplinary proceedings may not always be fully protected and can later become the subject of litigation. Statements Outside Title IX Proceedings and Resulting Liability What happens outside of a Title IX proceeding can be just as significant. In Pampu v. Wingo, the defamatory statements at issue were made by two Clemson students outside of the Title IX process. As a result, the statements were not protected by absolute immunity or qualified privilege at all. After a week-long trial examining testimony from five eyewitnesses, the plaintiff and three co-defendants, a twelve-member jury unanimously found the Clemson students liable for defamation and civil conspiracy and awarded Pampu $5.3 million dollars in compensatory and punitive damages1. While the matter is on appeal for reasons unrelated to immunity or privilege, the lesson from Pampu is clear: what a student says about another student can cause lifelong damage and may lead to significant legal liability if a jury determines those statements are untrue. Universities are operating in an increasingly challenging environment. Recent campus controversies involving protests, disciplinary actions, and speech restrictions have heightened the scrutiny of institutional decision-making. Schools must balance competing obligations under Title IX, free speech principles, and due process requirements, often under intense public and legal pressure. In doing so, universities are tasked with protecting the rights, safety, and educational access of all parties, while also managing the reputational and interpersonal fallout that can accompany allegations of misconduct. Ultimately, while a Title IX proceeding may not be a legal proceeding, they are far from consequence-free. What you say about someone during a Title IX proceeding should not be taken lightly and should only be made in good faith. Allegations, responses, witness accounts, and investigative findings can have lasting academic, professional, emotional, and reputational effects, sometimes extending well beyond campus. The safest approach is to treat every statement as if it could matter later, because it very well might. 1See Kimberly Lau Representative Matters, second bullet point
May 27, 2026
Title IX and Education
The Fallout of Shrinking Special Education Funding
As public school districts approach the end of the fiscal year, the financial strain on special education programs is impossible to ignore. Across the country, administrators are sounding the alarm that a decrease in government funding threatens the core of services designed to ensure students with disabilities receive a fair and appropriate education. The repercussions are budgetary, legal, and societal. A Crisis in Support and Access The Individuals with Disabilities Education Act (IDEA) has been the cornerstone of special education in the United States for many years, guaranteeing eligible students the right to a Free Appropriate Public Education (FAPE) tailored to their individual needs through an Individualized Education Program (IEP). But as federal and state funding levels stagnate or decline, school districts are struggling to sustain those mandates. Essential services, which include occupational and speech therapy, one-on-one aides, specialized classroom instruction, and adaptive technology, are increasingly at risk. In many districts, administrators face impossible choices to reduce staff, increase caseloads, or limit access to supports, which directly impact student progress. The result is an environment where schools risk falling out of compliance with federal law, opening the door to complaints, state investigations, and civil litigation. Legal Obligations Under Strain The IDEA is an unfunded or underfunded mandate, which becomes more consequential each fiscal year. The federal government initially promised to cover 40% of the excess costs of educating students with disabilities. According to the Congressional Research Service, current funding is at less than 12%, and the IDEA shortfall in the 2024-2025 school year nationwide was $38.66 billion. States and local districts shoulder the rest. Failure to provide appropriate services can expose districts to multiple forms of legal liability. Parents may file for administrative due process hearings, alleging violations of FAPE or procedural rights under IDEA. If unresolved, these disputes can escalate into federal court actions under Section 504 of the Rehabilitation Act or the Americans with Disabilities Act (ADA). Claims of discrimination, denial of access, or failure to accommodate are among the most common special education lawsuits nationwide. Moreover, reductions in special education staff can raise employment law concerns, such as violations of teacher-to-student ratios required by state law or breaches of collective bargaining agreements. If a district reallocates special-education funds to general programming, questions of misappropriation or misuse of federal funds under the Office of Special Education Programs (OSEP) can arise. Effect on Families and Educators Families who rely on these services can find themselves trying to work through appeals and attend numerous meetings to restore previously agreed-upon supports. Teachers and specialists also find themselves in untenable positions. Many are legally responsible for ensuring compliance with IEPs, which gets harder as resources to implement them disappear. Looking Toward 2026: A Troubling Forecast If current trends continue, the 2026 forecast for special education is concerning. Without renewed investment, the quality and equity of special education could sharply deteriorate, leading to widening achievement gaps between students with disabilities and their peers. Legal experts anticipate a surge in litigation as parents and advocacy organizations seek to hold schools accountable. At the same time, policymakers may face renewed scrutiny. The Intersection of Policy, Law, and Equity Special education is a civil right. The IDEA, Section 504, and ADA collectively enshrine the principle that students with disabilities deserve equal access to learning opportunities. When funding is cut, that right is eroded. At the end of the day, this is about accountability. The promise of the IDEA was that every child, regardless of disability, would have access to an education that prepares them for further learning, employment, and independent living. As 2026 planning continues, policymakers need to understand cutting special-education funding shifts costs to families forced to seek private services, to teachers navigating impossible workloads, and to courts addressing the fallout.
December 1, 2025
Family Law
What to Do If You Are Accused of a Title IX Violation in College
Being accused of sexual misconduct in college is a deeply serious and often overwhelming situation. Title IX investigations can move swiftly, and the stakes are extraordinarily high in terms of academic, professional, and personal consequences. Even if you believe the accusation is clearly false or easily refuted, it is critical not to underestimate how complicated and potentially one-sided the campus disciplinary process can be. Taking the proper steps in the earliest moments after an accusation can make a significant difference in the outcome of your case. Here are the immediate steps you should take if you are accused: Call your parents and call an attorney experienced in college Title IX cases immediately. Even if you are embarrassed, even if the accusation against you is baseless, even if you have evidence proving the accusation is false, and even if you think you can easily explain why you are not at fault, it is critical that you do not attempt to deal with this alone. Why?The college procedures regarding the investigation and adjudication of sexual misconduct cases are stacked against the accused. Unfortunately, mere truth and common sense are usually insufficient to protect you; you need someone experienced to help you navigate the process. The sooner you get an attorney experienced in these cases, the better. Clients have sometimes come late in the process, believing they could manage the investigation or hearing without an attorney, only to face a negative outcome. It is far better to avoid pitfalls from the outset than to attempt to correct mistakes after they occur. You should have an attorney at the first interview with the Title IX investigator and have an opportunity to prepare with the attorney beforehand. Immediately save all texts, emails, social media, and other communications with the accuser to a thumb drive or another safe place. If you can’t readily access the content of your texts, there is software available to help retrieve and save them. Take screenshots of the accuser’s social media postings before and after the alleged incident. If you are blocked or unable to access the accuser’s social media, ask someone else if they can take screenshots. Do NOT contact the accuser, and do not ask your friends to contact the accuser. Most colleges will impose a No Contact Order between you and the accuser, and you do not want to violate that. Even if there is no order, you do not want to be accused of harassment. Do NOT ridicule or speak negatively about the accuser on social media or to others. Refrain from posting about the matter and exercise caution when discussing it with others on campus. Create a chronological outline of relevant events leading up to and after the alleged incident, including your communications with the accuser. Be as thorough and detailed as possible. Include names of witnesses, times, dates, and locations wherever possible. Make a list of individuals who have relevant information and collect their contact information. Keep a log of all communications with the school and Title IX office and save every email and written communication. Download and save your college’s policy and procedures on sexual misconduct that were in effect at the time of the alleged incident, and those in effect currently (policies may have changed.) Final Thoughts College students facing a Title IX investigation often feel shocked, confused, and isolated. But you are not alone, and your future is worth protecting. Seeking qualified legal guidance right away and following these practical steps can help you assert your rights and prepare your defense effectively. What you do within the first few hours and days can have a long-lasting impact. Ensure those steps are the correct ones.
September 9, 2025
