Victim of discrimination, victim of sexual and gender-based violence, victim of sexual harassment at university in the United States, what protection?
Title IX of the Education Amendment Act 1972
The text to refer to is the Title IX of the Education Amendments of 1972.
It states that: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefit of, or be subjected to discrimination in any education programme or activity receiving Federal financial assistance.
This law requires all organizationss receiving federal financial aid to abide by its provisions. Discrimination on the basis of sex, sexual and gender-based violence and sexual harassment have been recognised by case law as examples of exclusions prohibited by this law.
The programmes concerned
Breaches of Title IX of the Education Amendment Act 1972 in universities have regularly been in the news, particularly after the movie "The Hunting Ground".
It should be noted that internship programmes for medical interns in hospitals may also be affected by compliance with Title IX of the Education Act Amendment of 1972 (United States Court of Appeal, Third Circuit, Jane Doe, Appallant v. Mercy Catholic Medical Center, No. 16-1247, March 07, 2017, subject to case law developments).
Example of a procedure
Organizations usually have a "Title IX officer" and a dedicated office for this service. It should be noted that all organizations have their own rules and procedures. The information provided below are general rules. Reference should be made to the internal rules of each organization to ensure that the procedure is followed by the organizations and that the measures are legal (supervised by the Office of Civil Rights).
In general, a victim will file a complaint with the Title IX officer who will initiate an investigation. The investigation may be conducted by the institution or by an independant service (law firms offer this service).
The victim can also request urgent interim measures of protection. In particular, the victim may request that the respondent be excluded from classes, joint projects or even from the campus.
It is recommended that victim seek legal assistance before filing a complaint.
At the end of the investigation, a report will be sent to the victim and the respondent. The investigation may result in a hearing and a sanction may be imposed on the respondent. In general, the procedure allows the parties to be assisted by counsel but does not require it.
Need help ?
Depending on the needs, different remedies are available to request protective measures for victims, to ensure that the procedure is carried out, to ensure compliance with the protective measures ordered, or to challenge a sanction or lack of sanction, etc.
Do you have any questions on this subject? Please, contact the firm.
