Title IX protects against gender-based discrimination, including sexual harassment and assault. When people report discrimination, educational institutions and faculty members of those schools may engage in Title IX retaliation. It is also possible to experience retaliation directly from the perpetrator in multiple harmful ways. However, those who have reported discrimination have legal protections against retaliation by the institution or party to a complaint. Mahoney Law Firm can help with Title IX retaliation claims, from collecting evidence about the retaliation to fighting back against these rights violations.
Title IX of the Education Amendments of 1972 offers protection against discrimination based on sex or gender in academic institutions which receive government funding. It ensures equal academic and athletic opportunities for individuals who might previously have faced discrimination, including women. Sexual harassment and sexual assault are forms of discrimination under the law. Schools are legally obligated to investigate any reports of discrimination, harassment, and assault and prevent future misconduct. However, some schools ignore these regulations and fail to fulfill their obligations under the law.
Title IX retaliation refers to serious adverse acts against anyone who reports discrimination or harassment. The law forbids retaliation by both the institution and parties to the complaint. Retaliation can include suspension, expulsion, or firing from the institution. It may also include negative actions from the party who allegedly perpetrated the harassment or discrimination, including further abuse or threats of further abuse.
People who report Title IX violations are legally protected from retaliation. If you’ve experienced Title IX retaliation in Illinois, the Mahoney Law Firm will help fight back.
What Is Retaliation under Title IX?
Title IX retaliation includes many harmful actions against those reporting gender-based discrimination. Retaliatory measures by an institution may take the form of the following:
- Undeserved failing grades
- Preventing students from engaging in normal school activities, including clubs, programs, or sports
- Expelling or threatening a student with expulsion for exercising Title IX rights
- Suspension
- Firing employees who report Title IX violations
- Denying future opportunities to employees who speak out
The alleged perpetrator often engages in further harassment for reporting the discrimination. This harassment takes many forms, including the following:
- Physical threats or actions
- Threatening phone calls, text messages, emails, or other communication
- Intimidation
- Coercion
Title IX retaliation significantly impacts students and faculty members who speak out to protect their own or other parties’ rights. It leads to missed opportunities for students and can even prevent them from graduating on time. Employees and students alike may fear speaking out in institutions that engage in retaliation if they know the challenges that will follow. Fear of reporting, in turn, causes discrimination to continue, leading to further erosion of protections at the institution.
Individuals who face personal retaliation, including increasing harassment and abuse, may struggle with long-term emotional struggles stemming from the abuse. Title IX mandates institutions must prevent and protect students against retaliation.
Legal Options for Those Facing Retaliation
If you face institutional retaliation for reporting gender discrimination, you need a lawyer to help you fight against the negative impact on your career or educational future. Thanks to the protected classes described in Title IX, you have a right to protection from retaliation when an individual perpetrates harassment or discrimination. If your organization fails to protect you, such as when experiencing sexual assault in sports or school, an attorney can help you learn more about your rights and how to protect yourself.
The Mahoney Law Firm can protect your legal rights. We will help ensure your institution puts protections in place from further harassment, abuse, or assault.
The Legal Process for Title IX Retaliation Claims
A retaliation claim must have three key elements:
- A protected activity, such as reporting discrimination
- An adverse action against the party who reported the discrimination, such as firing, expulsion, undeserved failing grades, harassment, threats, or physical harm
- A causal relationship between the adverse act and the protected activity
If those elements apply to your case, contact a Title IX retaliation attorney at the Mahoney Law Firm to learn more about your rights.
Each educational institution must have a process for reporting Title IX discrimination. A retaliation claim can go through the same department. You can also file a complaint with the Illinois Civil Rights Bureau. The institution’s Title IX office, or the Civil Rights Bureau, will review the claim. We can protect your rights and ensure you have all the necessary information to file a claim.
Why You Need an Attorney for Title IX Retaliation Complaints
If you need to file a Title IX retaliation complaint, having an attorney on your side can prove critical. A lawyer can provide the following services:
- Establish the retaliatory actions you suffered and their link to the complaint you issued
- Ensure that your complaint does not get swept under the rug or ignored by your institution
- Protect your rights and ensure that you do not face future retaliation for pursuing justice
- Make sure the institution follows proper investigation protocols and provides protection against further retaliation
- Give you more information about your right to compensation after retaliation
- Help your claim progress more smoothly and with less stress on your part
- Take legal action against the institution if it fails to meet its Title IX obligations
The Mahoney Law Firm specializes in Title IX cases. They understand the long-term impact of Title IX violations and retaliation. Our attorneys offer compassionate representation and support as you deal with the aftermath of discrimination and retaliation.
Sexual Assault Related Links
The Mahoney Law Firm: How They Can Help with Title IX Cases
Attorney Ryan Mahoney has extensive experience handling employee and student rights issues in Illinois and brings that experience to every case. He understands Title IX, sexual harassment, sexual assault in schools, and the traumatic aftermath accompanying discrimination and retaliation. The Mahoney Law Firm offers legal representation and guidance throughout the claim process and has the skills necessary to help protect your rights following Title IX retaliation.
Dealing with Title IX retaliation alone might encourage your school to sweep those negative actions under the rug, especially if you face retaliation from a highly-positioned individual within that institution. With the Mahoney Law Firm, you get experienced legal representation that will protect you and get the results you deserve.
Contact the Mahoney Law Firm Today
If you or someone you know is facing a Title IX case in Illinois, you need legal representation from experienced professionals who can navigate the complexities of due process requirements. The Mahoney Law Firm has a proven history of successfully handling Title IX cases and retaliation claims. We can provide the support you need to achieve a fair and just outcome.
Contact the Mahoney Law Firm today to schedule a free consultation and learn more about how we can help you navigate the Title IX due process.
FAQs
What Is Retaliation According to Title IX?
Retaliation under Title IX refers to any hostile or adverse action against someone who has reported a Title IX violation, including, but not limited to, failing or expelling a student who exercised their rights under Title IX or firing a staff member who made a report. Retaliation under Title IX can also include any type of retaliation from an individual, such as harassment, threats, or physical harm.
Which Individuals Are Protected from Retaliation under Title IX?
Anyone who reports a Title IX violation or provides evidence related to a report is protected from retaliation.
What Are the Elements of a Title IX Retaliation Claim?
To prove a Title IX retaliation claim, you must establish the following:
- A protected action, such as reporting discrimination or participating in an investigation into discrimination
- An adverse action, such as giving a student failing grades, blocking a student from participating in activities, expelling a student, or engaging in harmful behavior toward an individual who engaged in a protected action
- A causal link between the protection and the negative impact
What Is Retaliatory Behavior?
Retaliatory behavior is any conduct in direct response to another action. In the case of Title IX retaliation, retaliatory behavior includes negative behavior or impacts against the party that issued the complaint. Some examples include direct harassment or threats against a student who reported discrimination.
What Are the Three Types of Harassment under Title IX?
Title IX covers three types of harassment:
- Quid pro quo, or granting specific favors only in return for other actions
- Hostile environment, or creating an atmosphere not conducive to learning or work
- Sexual assault, dating or domestic violence, and stalking, which encompass a range of sexually predatory behaviors
