Faculty
I was just notified of a Title IX complaint being made against me by a student. I am not sure what my rights are during the process.
Each school handles faculty complaints differently, with some having separate disciplinary policies for faculty and students. Your employment status grants you different and sometimes additional rights compared to students. If you are part of a union under a collective bargaining agreement, that may also impact your rights. Tenured professors have additional protections that must be upheld. An experienced college disciplinary lawyer can help you understand and assert your rights throughout the process.
What policies or laws govern the disciplinary process for faculty?
As a faculty member, Title IX applies to your case, but Title VII may also be implicated if you are being treated differently on the basis of a protected class. Employment contracts will outline your rights before any adverse employment decisions are made against you. If you are a union member, your collective bargaining agreement will outline the rights you have during the process. If you do not have an employment contract with the school, your employment may be at-will, which means you are subject to termination for any reason so long as it’s not for discriminatory reasons. An experienced college disciplinary lawyer can guide you through the relevant policies and laws that apply to your case.
If I am involved in a Title IX proceeding, how will my employment be impacted?
If found responsible for a Title IX violation, your employment could be terminated immediately. However, your specific employment status—whether tenured, adjunct, or contract-based—may entitle you to additional due process before termination. An experienced college disciplinary lawyer can advise you on the potential consequences and any protections you may have.
How will the outcome of the process affect future employment at my current institution or beyond?
Any adverse findings could make it challenging to secure future employment, as most institutions require references from your current or previous employer. An experienced college disciplinary lawyer can help you understand your options, mitigate potential damage, and explore possible remedies for your career moving forward.