Accused of Sexual Harassment in school?

A Title IX sexual harassment accusation and investigation in Wisconsin can be difficult to navigate on your own. If you've received a Notice of Allegations or a request to meet with an investigator, talk to an attorney before you say anything.

This article is for general informational purposes only and does not constitute legal advice. Every case is unique — consult a qualified Wisconsin criminal defense attorney for guidance specific to your situation.

 

What is Title IX, and how does it work in Wisconsin?

Title IX is a federal law passed in 1972 that prohibits sex-based discrimination in any educational program or activity that receives federal funding. Title IX states that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance,” with certain exceptions. Title IX is regulated by the Federal Department of Education.

All educational programs, including K-12 districts and publicly funded colleges or universities, are required to comply with Title IX. In practice, this means that most schools in the United States follow Title IX. 

While the federal law dictates the broad terms of the law, the policy is implemented at the school level. This means that school districts have their own Title IX policies. The University of Wisconsin System has Title IX coordinators on the different school campuses. Other private universities in Wisconsin have their own policies. While the policies may differ slightly, they all comply with the federal law.

 

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Who does Title IX affect?

Title IX applies to everyone who interacts with a school or school district, including students, teachers, other staff members, parents and guardians, and applicants. Typically, Title IX cases involve students and teachers.

What does it mean to be accused of Sexual Harassment under Title IX?

Title IX prohibits sex-based discrimination, which includes sexual harassment. Sexual harassment includes the following types of behavior:

- Quid pro quo harassment by an employee of an educational institution, or the trading of sexual favors for benefits. 

- Unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an educational program

- Dating violence, domestic violence, stalking, or sexual assault as defined by law.


Title IX Sexual Harassment allegations In Wisconsin typically involve the individual making the complaint (the Complainant) against another person (the Respondent).

 

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What happens after an accusation of Sexual Harassment under Title IX?

When someone reports a sexual harassment violation of Title IX, the District or University will open an investigation into the matter in a timely manner. Some districts in Wisconsin use outside investigators; others use investigators within the school district. Most colleges and universities have Title IX offices whose staff conduct investigations.

While an investigation is pending, the Respondent is considered to not have violated the policy. Special accommodations may be made for both the Complainant and Respondent to address concerns that may arise. This may include, but is not limited to, rules about contact, changes to class schedules, and being placed on paid leave.

What happens in a Title IX investigation?

During a Title IX investigation, the assigned investigator will interview witnesses and collect evidence. The investigator then prepares a draft report, which is shared with the parties. Parties or their attorneys may respond to the report in writing. An updated draft report will be shared, including any responses by parties and/or their attorneys. In response, Parties may ask questions of the investigator, and the investigator may respond. Depending on the educational program involved (i.e., K-12 or university), there may be a hearing to investigate further. At the conclusion of the hearing or question period, a final report is drafted with the outcome of the case. Most institutions seek to complete Title IX investigations within 90-120 days of the initial report.

Why do I need a Title IX attorney?

A Title IX attorney is a valuable advocate for anyone facing sexual harassment allegations. First, they will advocate on your behalf throughout the investigation process. This means they will communicate with the educational institution on your behalf, challenge the logic and reasoning of the reports, and ensure that the determination in your case follows the law and the legal standard.

Second, your Title IX attorney will help you assess broader legal concerns. Your Title IX attorney will provide insight and counsel you about possible consequences at your academic institution and will also provide insight into how the investigation could impact employment, licensing, and possible criminal charges. It is not uncommon that criminal cases are filed adjacent to Title IX Sexual Harassment accusations. A Title IX attorney will help guide you through both processes, protecting you in both cases. It is critical to consider these collateral consequences before you speak to investigators, answer questions, or testify at a hearing. 

 

How can Nelson Defense Group assist me in my Title IX case?

Nelson Defense Group has a winning track record defending clients in Title IX Cases. Attorney Emma Campion has represented students and faculty at both the K-12 and University level throughout the state of Wisconsin with successful Not Responsible verdicts. Call Nelson Defense Group today to discuss your case with Attorney Campion and receive a free consultation.